The BGH's decision aligns with a previous ruling from the European Court of Justice (ECJ) regarding online pharmaceutical sales and data protection standards.

This landmark decision is rooted in compliance with the European General Data Protection Regulation (GDPR), emphasizing the need for consumer consent to protect personal rights.

The ruling follows years of legal disputes initiated by pharmacists regarding the legality of selling medications through online platforms, with previous courts recognizing data protection violations.

The BGH rejected appeals from defendants who failed to comply with data protection regulations, reinforcing the necessity of obtaining consumer consent.

This ruling specifically applies to non-prescription medications sold online, which are crucial for pharmacies, as these sales account for about 20% of the market for pharmacy-only drugs.

The online pharmacy market has seen significant growth, accounting for over 20% of sales since 2020, with homeopathic products making up a substantial portion of this segment.

The opposing attorney argued that consumers using platforms like Amazon are already aware of the data usage policies and do not require additional warnings.

On March 27, 2025, the Federal Court of Justice (BGH) ruled that online pharmacies must obtain explicit consent from customers for the collection and processing of their personal data when selling non-prescription medications.

The case was brought forth by a pharmacist challenging the practices of other pharmacies selling products on platforms like Amazon Marketplace, arguing potential GDPR violations.

Judge Thomas Koch highlighted that personal information such as names and delivery addresses are considered sensitive health data under the GDPR, even for over-the-counter medications.

The required consent aims to protect consumers' rights, allowing them to control how much personal information they share when participating in the market.

During the BGH hearing, concerns were raised about whether consumers would still proceed with purchases if they had to consent to data processing.