Contributed By Walder Wyss Ltd
Swiss law does not contain any disclosure obligations. However, healthcare professionals must pass on direct or indirect financial advantages granted to them by pharmaceutical companies to patients or healthcare insurances with regard to medicines covered by compulsory healthcare insurance (Article 56 paragraph 3 lit. b KVG).
According to the Pharma Cooperation Code pharmaceutical companies are required to fully disclose pecuniary benefits to healthcare professionals and healthcare organisations annually and to keep such information accessible to the public for at least three years after disclosure. The disclosure must, in principle, be made on an individual basis and clearly identify the recipients and the amounts paid. The remuneration for the agreed service or consultancy tasks and the compensation for costs incurred by the service providers must be disclosed separately. The disclosure is to be made on the company’s website (rule 23 et seqq. Pharma Cooperation Code).
The transparency requirements according to the Pharma Cooperation Code apply to the signatories of the Pharma Cooperation Code. It applies to companies that do not yet have products on the market as well. Foreign companies cannot become signatories of the Pharma Cooperation Code (with the exception of companies from the Principality of Liechtenstein). Consequently, they do not need to adhere to these requirements.