To ensure and improve ongoing patient and clinician access to innovative, reliable and effective medical technologies, it is often necessary for medtech companies to engage third parties to assist with marketing, sales and distribution of advanced medical technology. These third parties, often referred to as distributors, may include distributors, wholesalers, distribution or sales agents, marketing agents, brokers, commissionary commercial agents and independent sales representatives.
It is essential that companies’ interactions with SMIs, as well as SMIs’ behaviour on a Company’s behalf (including Third Party SMI interactions with Health Care Professionals (“HCPs”) and governmental officials) are conducted pursuant to all applicable legal and ethical principles that comply with standards equivalent to MedTech Europe Code of Ethical Business Practice and in other regions. In order to support Member Companies, MedTech Europe, in most cases together with AdvaMed developed specific guidance.
3. Training Slide deck
To facilitate the training of distributors and other third parties involved in the marketing or sale of MedTech technologies, AdvaMed, Eucomed and the law firm of Kaye Scholer developed an anti-bribery training tool as an example for member company use in developing and providing distributor training. (content available soon)
4. Due Diligence Resource
This document includes a compilation of example Third Party Sales and Marketing Intermediary compliance diligence questions, example certification, and an example compliance diligence privacy notice for AdvaMed and Eucomed Member Companies' consideration when engaging Third Party SMIs.
5. Illustrative Scenarios
This document, Illustrative Medical Technology Scenarios and Compliance Program Controls For Third Party Sales & Marketing Intermediary Relationships, includes hypothetical scenarios and examples of steps companies might take to minimize corruption risk related to engagements with sales and marketing intermediaries.