Market access for investors, B2C and tele-health companies in Germany

With a volume of approximately 500 billion euros, the German health market is also extremely interesting for international companies. However, this market is considered to be less liberal and difficult to access.

Thus, the question often arises, especially in the case of modern, innovative and profitable ventures, whether and how they can be established in the German market in light of the high regulatory hurdles. Whether it is telemedicine, the direct sale of medicines to patients and new fields such as cannabis medicine: there are ways and solutions to gain a foothold even in the German market if one implements legally sophisticated and precisely fitting concepts.

medical services of the company?

In Germany, for example, it is currently not possible to set up a commercial company (e.g. a limited liability company), employ doctors in it and thus provide medical services through this company. This is because, according to German regulations, physicians must operate independently through an individual practice. Nevertheless, it is possible for commercial enterprises to cooperate with such freelance and self-employed doctors, as long as this does not affect the doctor’s authority over medical treatment. Such a cooperation can certainly include building a brand, designing practice rooms and an internet platform and managing the daily organisation of the treatments, as long as the doctor remains responsible for the medical decisions. Of course, such a concept can also focus on certain fields of medicine, such as medical cannabis. For the patient, the picture is as if he were receiving his services from the brand-forming company. The doctor can pay the company for these services and benefits related to medical care. In this way, the company can participate in the treatment revenues and establish a business model that enables corresponding brand building.

sale of medicines by the company?

In Germany, the sale and dispensing of medicines may only be processed through a pharmacy. This means that there are no direct-to-consumer drug sales, but always a indirect route via a pharmacy. However, with the skilful contractual use of cooperative pharmacies, mail-order pharmacies and the transmission of (electronic) prescriptions, a model can also be established here whereby the patient is guided from the brand buliding company into a direct route of drug supply. In this way, the sales generated in this framework can be retained in the cooperation between pharmacy and company.

As experts in market access, the law firm Vorberg.Law advises clients on skilful contractual solutions and arrangements with commitment and success for their market access in Germany. We look forward to hearing from you and your project!