If a company’s website provides the prescribing information via a link to a third-party website, and a pop-up notifies the user that they are leaving the company's website, does this mean that the ‘direct, single click link’ requirement of Clause 12.1 has not been met?

Clause 5.8 states that it should be made clear when a user is leaving any of the company’s websites or websites sponsored by the company or is being directed to a website which is not that of the company.

Some companies comply with Clause 5.8 by having a pop-up appear that notifies users that they are leaving the company’s website.

Clause 12.1 includes that the requirement for prescribing information in digital promotional material may be met by way of a clear and prominent, direct, single click link.

If, when clicking on a link to access prescribing information, a pop-up informs the user that they are about to leave the company’s website, this will not by itself mean that the company has failed to comply with the Clause 12.1 requirement for the prescribing information to be provided via a direct, single click link.

Please note that a pop-up is not the only way to meet the requirements of Clause 5.8. For example, in Case AUTH/3308/2/20 it was clear from the text of the link that a user was being directed to a website which was not that of the company.