In such circumstances, online sales and purchase of prescribed drugs and medicines in India is a tricky issue that is full of legal landmines. In countries like United States there are laws like Health Insurance Portability and Accountability Act of 1996 (HIPAA), Health Information Technology for Economic and Clinical Health Act (HITECH Act), etc. However, in India we have no such laws to take care of e-health, telemedicine and similar issues.
Further, online shopping in India has many legal and cyber security issues to be resolved. For instance, essential legislations ensuring privacy protection, data protection, data security, cyber security, confidentiality maintenance, etc are missing in India. This makes online sales and purchases vulnerable to cyber crimes and financial frauds. This is the reason why cash on delivery is still the preferred mode of e-commerce payments in India.
Cyber law due diligence in India is another area that e-commerce and online drugs and healthcare products platforms must take care of. Cyber law due diligence for Indian companies is one of the most frequently litigated aspect in India. Lack of cyber law awareness and cyber due diligence awareness is the main reason that many websites and companies have found themselves in the net of Indian laws.
In order to remain profitable and competitive pharmaceutical companies are looking towards digital mediums to communicate with physicians and patients. For instance, recently pharmaceutical company GlaxoSmithKline (GSK) has indicated its intention to utilise digital communication channels for dealing with its drug and healthcare products.
With the growth of information and communication technology (ICT), physicians and patients are increasingly looking online for information on ailments and their treatments. However, techno legal and medico legal issues cannot be ignored otherwise legal actions can follow.