Chapter Va: Electronic trade in medicinal products by a dispensing pharmacy

Articles in this section · 9

Article L5125-33

French Public Health CodeIn force

Updated 6 Nov 2023

Electronic commerce in medicinal products means the economic activity whereby the pharmacist offers or carries out the retail sale and dispensing of medicinal products for human use to the public by electronic means and, to this end, provides online health information.

The e-commerce activity is carried out within a pharmacy open to the public which holds the licence referred to in articles L. 5125-10 or L. 5125-18. It is implemented from the website of a pharmacy under the conditions set out in this article.

In compliance with article L. 4211-1, the creation and operation of an e-commerce website for the dispensing and retail sale of medicinal products is reserved exclusively for the pharmacist holding a pharmacy or the pharmacist managing a mutual or community pharmacy.

The pharmacists who have a website are responsible for the content published and the conditions under which the electronic trading of medicinal products is carried out, in particular compliance with good practice in the dispensing of medicinal products as set out in article L. 5121-5 and the technical rules applicable to websites for the online sale of medicinal products as set out in article L. 5125-39.

Assistant pharmacists who have been delegated by one of the pharmacists mentioned in the third paragraph may participate in the operation of the pharmacy's website.

Pharmacists replacing pharmacy owners or pharmacy managers following the death of the pharmacy owner may operate the pharmacy website previously created by the pharmacy owner.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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