The Internet and pharmaceutical drugs in the era of interoperable eHealth systems across the European Union

The European Commission (EC) continues to move towards transforming healthcare in Europe by making use of information and communication technologies (ICT) to improve the quality and access to healthcare for all European Union (EU) citizens. ICT is seen as the enabler of growth and development in the EU, by facilitating the interoperability of healthcare systems (to enable patient mobility and provide medical services at any place and time) and cross-border commerce. This chapter focuses on the phenomenon of Internet pharmacies and the increasing use of the Internet by EU citizens to obtain pharmaceutical drugs either in their own Member State, in other Member States, or further afield. It discusses the legislative framework regulating the cross-border sale of pharmaceutical drugs within the EU. It argues that as a result of recent EU regulatory reforms, technological developments, the increasing interoperability of EU healthcare systems, and the increase in use of cross-border medical services and electronic commerce, there may be very little justification for restricting cross-border online prescription drugs sales within the EU. Furthermore, that EU citizens who are at risk from prescription drugs purchased from online sellers located outside the EU, may be best protected by the provision of a safe and open EU online market for all pharmaceutical drugs. The chapter discusses possible measures and legislative reform that could provide a safe and open EU market for online prescription drugs. It ends by advocating for all EU citizens to be allowed the freedom to purchase cross-border online prescription drugs within the EU.