Title I - PROVISIONS OF THE CODE
CHAPTER I - Promotion of Prescription-Only Medicines
8. DIGITAL ENVIRONMENT
8.1. Promotion of medicines directed to Healthcare Professionals authorized to be recipients of them disseminated through digital channels must be within a context that is technical, scientific or professional.
8.2. In addition, measures should be taken by the companies to ensure that this promotion is only disseminated to these professional groups.
8.3. There should be a verification system or statement on the Healthcare Professional status of people gaining access or, it should at least include, in a clearly legible, highlighted manner, a warning stating that the information on the web page is intended exclusively for the Healthcare Professional authorized to prescribe or dispense medicines; specialised training is therefore required for the correct interpretation of the information.
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The companies that are members of FARMAINDUSTRIA or adhere to the Code on an individual basis are committed and obliged to conduct activities – both in promoting medicines and interacting with Healthcare Professionals, Healthcare Organisations or Patient Organisations – respecting and complying with the principles of this Code, regardless of the medium, means of delivery or channel of communication used to perform those activities.
The continuous development of the "Information Society" favours the creation of new media, means of delivery and channels of communication that are available to pharmaceutical companies for promotion of their products and interaction with the different stakeholders (Healthcare Professionals, Patient Organisations, the general public, etc.).
The medium, means of delivery or channel of communication used in any case does not exempt pharmaceutical companies from their obligation to comply with the terms and conditions of the Code. In this regard, companies must refrain from using those methods that, due to their nature, characteristics, technical limitations, conditions of use, etc., do not allow for compliance with the requirements and obligations of the Code to be guaranteed for each type of activity.
In all cases, pharmaceutical companies are responsible for the content disclosed through the media, means of delivery or channels of communication that directly or indirectly control or finance exclusively or in the majority. Therefore, usage and style guidelines must be implemented that establish rules of conduct and consequences derived from non-compliance, as well as a procedure for monitoring the content to which they provide access, host, temporarily copy or link. This procedure must address the obligation to correct any irregularity quickly.
In addition, pharmaceutical companies must possess guidelines and rules of conduct for their employees and third parties acting on their behalf, or under their control, or virtue of a formal agreement, that establishing standards for responsible conduct in the digital environment, both for when sharing information about or in the name of the company as well as when using a medium, means of delivery or channel provided by the company. Companies' internal guidelines should specify the legal prohibition against openly sharing or publishing content that could constitute promotion of prescription-only medicines to the general public. The company will also be required to train its employees so as to avoid any inappropriate content, in terms of either style or tone, that its employees might share, link to, publish or comment on through their personal social media profiles, irrespective of whether they are public or private. Inappropriate content could be understood as, for example, comments about competitors' products, off-label promotion, etc.
The above includes but is not limited to SMS, MMS, web pages, electronic mail, forums, blogs, social networks, chat, chat-bots, platforms, applications or any other type of current or future digital channel, means of delivery or medium.
Although there are different types of social media, they may be mainly classified as (i) personal social media (with all aspects focused on the individual), (ii) content social media (with all aspects focused on content), and (iii) mixed social media. There is proliferation of social media platforms intended for specific professional fields.
Pharmaceutical companies will be responsible for understanding and complying with the terms and operating and use conditions of any social media platforms on which they might decide to take part.
To reinforce the above, companies are entirely responsible for the content reproduced during meetings that are organised or mainly sponsored by them. They must therefore adopt appropriate measures to avoid dissemination via social media or any other communication channel, medium or platform, to the extent that such dissemination could directly or indirectly constitute the promotion of prescription-only medicines among the general public. This would require proof of that they have clearly and unequivocally informed to the healthcare professionals and employees attending the meeting. The recommendation in this regard is to include safeguards in the documentation and/or contracts signed with speakers and attendees.
Despite the global nature of social media, the legislation depends on each country, and the Spanish subsidiary will therefore be responsible for the content shared via its social media profile, whether generated by the pharmaceutical company or by a third party, on its behalf, and directly or indirectly controlled or funded on an exclusive or majority basis, in accordance with the rules of application of the Code defined in article 19.
8.1. In this regard, pharmaceutical companies must take into account the rules established by the competent health authorities for "valid means of delivery". In general, this refers to means of delivery that are used as a mechanism of information or promotion, whether it be written, audiovisual or of another nature, that meets the following conditions: (i) the majority or practical entirety of its content must be scientific or professional and (ii) it is directed exclusively to persons authorized to prescribe or dispense medicines.
8.2. Pharmaceutical companies must refrain from making any promotional content on prescription-only medicines directly or indirectly available to the general public through the use of links, comments, markers or any other practice that involves it being repeated, copied or resent.
8.3. The warning referred to in article 8.3, must appear in a clear and prominent way before accessing the information, as well as on the pages, mobile applications or similar outlets in which the information appears. Individuals who access the content must declare their status as a Healthcare Professional who is authorized to be the recipient of such promotion.
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