Terms of use e-prescription

Content

Preliminary remarks
Who is the provider of the e-prescription module?
How does the e-prescription work?
General information on the terms of use
General information on the app
Rights of use
Rights and obligations of the insured person
Warranty
Third-party information in the app
Data protection
Final provisions

Preliminary remark
In the interests of better readability and a simplified processing procedure, the gender-appropriate form of address has been replaced by the uniform use of the wording "insured person". The use of these terms always refers to all genders without restriction.

Who is the provider of the e-prescription module?
BKK EWE, Donnerschweer Str. 20, 26123 Oldenburg ("BKK EWE"), telephone number: 0441/350285101, e-mail address: epa@bkk-ewe.de, hereinafter referred to as "BKK EWE", has been offering its insured persons the use of an insured person-managed electronic prescription (e-prescription) approved by the Gesellschaft für Telematik in accordance with Section 360 (10) SGB V as a core element of digital medical applications since August 29, 2024, upon application and with consent.

How does the e-prescription work?
With the e-prescription module, an insured person can receive and manage e-prescriptions and medical prescriptions for medicines electronically and redeem them at a pharmacy of their choice.

If the insured person is prescribed a medicine, an e-prescription is created. This is stored in the telematics infrastructure on the specialist e-prescription service and can be accessed and managed by the insured person using the e-prescription module. Only the insured person has access to the data stored locally on the end device. 

The e-prescription is redeemed by scanning a 2D code or by authentication with the electronic health card. All pharmacies are listed in the e-prescription service. The insured person has various options for redeeming their e-prescription. On the one hand, the insured person can show the 2D code directly at a pharmacy. Secondly, the insured person can send the 2D code to a pharmacy to have the medicine delivered.

The telematics infrastructure networks all players in the healthcare system and ensures the secure exchange of information across sectors and systems. (SGB V, Chapter 11 §§ 306 - 383).

General information on the terms of use
The current version of these terms of use can be accessed at any time via the three dots at the top right of the e-prescription module, Consents section.

BKK EWE reserves the right to amend these terms of use if necessary. It will inform the insured person of any changes to the terms of use and make the updated version available. It is not possible to use the e-prescription module without the consent of the insured person.

General information about the app
The app is available for the Android and iOS operating systems and is provided free of charge in the respective app stores under the conditions applicable there.

BKK EWE is entitled to change or expand the functionalities of the app or to discontinue the app itself temporarily or even permanently for compelling legal or factual reasons.

BKK EWE will provide updates to the app at different intervals. You should always install these updates promptly and always use the latest available version of the app. Using older versions of the app can lead to malfunctions and faults.
Due to the structure of the Internet, BKK EWE has no influence on data transmission on the Internet and therefore accepts no responsibility for the availability, reliability and quality of telecommunications networks, data networks and technical facilities of third parties. BKK EWE is not responsible for service disruptions due to force majeure.

BKK EWE makes no promises about the functions, quality, availability or performance of the app. These may be temporarily unavailable due to technical requirements or malfunctions. In such cases, the functionality of the app may be restricted in whole or in part.

Rights of use
BKK EWE grants users the non-exclusive, revocable, non-sublicensable, non-transferable right to use the app for their own, non-commercial purposes in accordance with these Terms of Use, limited to the intended use of the app.

Accordingly, it is not permitted to provide, publish, license, sell or otherwise commercially exploit the app to third parties for a fee or free of charge or to grant third parties rights to the app or its individual components or to transfer such rights in any other way. Separate terms and conditions of the respective third parties may apply to any separate third-party services that are made available via the app (e.g. messenger services from pharmacies). BKK EWE is neither responsible for these services nor for the corresponding (usage) conditions.

Rights and obligations of the insured person
The use of the e-prescription module is voluntary for the insured person, who can revoke the installation of the e-prescription module in full at any time.
The insured person must provide BKK EWE with complete information for the proper execution of the contractual relationship and keep the data up to date until the termination of this user contract. The insured person may only store and manage information in the e-prescription module that is correct to the best of the insured person's knowledge.
The insured person may only use the e-prescription module for the intended purpose and to the agreed extent. Any other use, in particular the misuse of functions of the e-prescription module, is prohibited.

The insured person must keep their access data, with which they gain access to the e-prescription module, secret from third parties. The insured person is responsible for any access to the e-prescription module using their access data. The account may not be passed on to third parties for access to the e-prescription module.
It is prohibited to use the e-prescription module for unlawful, obscene, offensive or fraudulent activities, such as causing or facilitating damage, compromising the integrity or security of systems or networks, bypassing filters, sending unwanted, misleading or abusive messages, distributing malicious software, viruses or infringing the rights of third parties.
The insured person is responsible for the legality of the content stored in the e-prescription module. With the e-prescription module, BKK EWE merely provides the technical and organizational platform for insured persons. BKK EWE has no knowledge of the content that the insured person has stored in the e-prescription module and does not assume any monitoring or control tasks with regard to the content. From the point of view of BKK EWE, this is therefore third-party content. The insured person may not store or have stored in the e-prescription module any content that

a) constitute a breach of legal obligations or prohibitions or official orders, or are otherwise illegal or inadmissible;
b) denigrate, insult or discriminate against others;
c) glorify violence, are obscene or pornographic;
d) are in breach of copyright or constitute a breach of third-party rights, in particular they must not infringe any industrial or intellectual property rights or personal rights;
e) contain malware, viruses or damaging data. 

Guidelines in the event of the death of users:
The death of insured persons does not lead to automatic deletion of the e-prescription module.

The deletion of the e-prescription module after the death of the insured person can only be carried out by the authorized representatives or heirs by means of written notice of termination with proof of the status of heir or authorization, or after a period of 100 days. Within this period, the heir must submit a power of attorney to indicate their right to manage the deceased's data. If no power of attorney is submitted to BKK EWE within this period, the e-prescription module will be deleted immediately and irrevocably in accordance with paragraph 11.3.

If the power of attorney was submitted to BKK EWE in due time, the authorized representative/heir will be informed by BKK EWE in accordance with paragraph 11.4 of the period during which he/she can export the deceased's data. After this period has expired, the e-prescription will be deleted immediately and irrevocably.

The insured person is informed that only they alone can ensure during their lifetime that authorized representatives or heirs can gain access to the encrypted data after their death. The insured person can do this either by granting a power of attorney, e.g. through the "proxy regulation" in the e-prescription module, or by depositing the PIN for the eHC with the will.

Warranty
BKK EWE guarantees the basic operability of the e-prescription module. It shall eliminate any errors occurring in the e-prescription module within a reasonable period of time and shall ensure that the use of the e-prescription module does not conflict with any third-party rights. The warranty is subject to the current version available to the insured person.

Warranty claims do not exist for minor defects.
BKK EWE also fulfills its obligation to rectify defects by making updates available for download in the respective app store and offering the insured person support to solve any installation problems that may arise.

A functional impairment of the e-prescription module resulting from hardware defects, environmental conditions, incorrect operation or similar is not a defect.
The insured person is obliged to notify BKK EWE immediately of any defects in the e-prescription module. The insured person shall support BKK EWE in diagnosing and rectifying faults, in particular by specifically describing any problems that occur, providing BKK EWE with comprehensive information and granting it the time and opportunity required to rectify the fault.
No guarantee is given for the correctness and completeness of the content of data in stored form.

If the search for errors and causes of errors reveals that these are not due to a defect in the e-prescription module, the ePA has modified the e-prescription, has been used outside the specified environment or has been operated incorrectly, there is no defect. Further warranty claims are excluded.

Liability
BKK EWE is liable without limitation for intent, gross negligence and the absence of warranted characteristics. 

BKK EWE shall only be liable for slight negligence if an obligation is breached, the fulfillment of which is essential for the proper execution of the contract and the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the insured person regularly relies. However, BKK EWE shall not be liable for unforeseeable damage that is not typical for the contract.
No-fault liability on the part of BKK EWE for errors already existing at the time of conclusion of the contract in accordance with § 536a BGB is expressly excluded.

BKK EWE shall not be responsible for delays in performance in the event of force majeure, labor disputes, official measures, unforeseeable failure of means of transport or energy and other unavoidable events, even if these circumstances occur at an upstream supplier of BKK EWE. The obligation to provide services shall lapse if one of these events leads to an impossibility for which BKK EWE is not responsible.

If data, files and information originate from third parties and are merely processed by BKK EWE, no liability is assumed for their correctness and completeness.

The above provisions shall also apply to claims for reimbursement of futile expenses pursuant to Section 284 BGB.

In the event of data loss, BKK EWE shall only be liable if the insured person has complied with the obligations imposed in these terms of use when handling the data stored in the e-prescription module.

Liability for the restoration of the insured person's data shall also be limited to the costs necessary to restore the data if it is regularly backed up in the manner specified by BKK EWE or can otherwise be reconstructed from machine-readable data material with reasonable effort.
Liability under the Product Liability Act and for damages resulting from injury to life, limb or health, for fraudulently concealed defects or the assumption of a guarantee shall remain unaffected by these liability regulations. BKK EWE shall have no further liability.

The above clauses shall also apply to claims for damages against legal representatives, executives or other vicarious agents of BKK EWE.

Third-party information in the app
The National Agency for Digital Medicine (gematik) makes every effort to ensure that the third-party information made available via the e-prescription module (e.g. addresses, opening hours, accessibility of access points, etc.) is correct, complete and up to date, but accepts no liability in this respect.

If the insured person accesses external websites via links in the app, the responsibility also lies exclusively with the providers of these sites. The National Agency for Digital Medicine (gematik) does not adopt the content of these sites as its own. At the time of linking, the National Agency for Digital Medicine (gematik) was not aware of any illegal content on the linked pages. The National Agency for Digital Medicine (gematik) has no influence on changes to the linked pages.

Data protection
The privacy policy for the e-prescription module provides comprehensive information on the processing of personal data when using the app. The current version of the privacy policy can be accessed at any time via the three dots at the top right of the e-prescription module, Consent section.

Final provisions
Should one or more provisions of these Terms of Use be or become invalid, unenforceable or unenforceable, this shall not affect the validity of the remaining provisions.
The substantive law of the Federal Republic of Germany shall apply.