The Facts

The facts about using IMS OneKey data with Veeva Network software

Customers should have the freedom to choose the software and data products that meet their business needs and have the ability to use products from competing vendors without restriction. Choice is good for the market and beneficial for customers.

Veeva and IMS Health have software and data products that compete. IMS prevents customers from loading IMS OneKey and other IMS reference data products into Veeva Network Customer Master software. We believe IMS’s actions harm competition and are not customer friendly.

Summary

  • Veeva has been attempting to resolve this issue with IMS since mid-2014. For much of that time we believe that IMS has been engaging in delay tactics to the detriment of Veeva’s business.
  • In January 2017, with no warning or prior discussion of the underlying claims, IMS filed suit against Veeva alleging that Veeva has inappropriately used IMS data for Veeva’s benefit. We believe IMS’s claims are meritless, and have begun the process of defending against them in court.
  • After three years of attempts at a negotiated solution, we have determined that legal action by Veeva is now required. On March 13, 2017, Veeva sued IMS for violations of federal and state antitrust and unfair competition laws based on actions that include, among others, IMS’s refusal to allow customers to load its IMS OneKey and other IMS reference data products into Veeva Network. More information regarding Veeva’s lawsuit can be found at www.veeva.com/veeva-antitrust-lawsuit-against-ims.
  • Customers who wish to use Veeva Network should use Veeva OpenData, or other data sources without restrictive TPA policies.

Details

  • Veeva has worked with IMS since mid-2014 to give visibility into and confirmation of Veeva’s practices to fully protect IMS’s reference data when loading into Veeva Network.
  • In October 2015, Veeva agreed to allow an IMS appointed team from a “big-four” audit firm to conduct an audit of Veeva Network and Veeva’s data protection policies and practices.
  • The audit results were provided to IMS and Veeva in January 2016.
  • During the week long, onsite audit Veeva demonstrated the rigorous security polices and controls Veeva has in place to safeguard IMS’s reference data within Veeva Network. In our view, the audit resulted in no significant findings.
  • In what we believe are further delay tactics, IMS then suggested that Veeva engage additional third parties to conduct further analysis. IMS has also suggested that Veeva have a third-party host Veeva Network in an on-premise/private cloud environment. This is not technically possible with a true cloud solution.
  • Nonetheless, in 2016, Veeva agreed to provide IMS with its own instance of Veeva Network to allow IMS staff to conduct whatever security testing they thought relevant and to identify any issues that needed to be remediated. After an exhaustive battery of testing that lasted months, Veeva passed or remediated every IMS security test. Still, IMS refused to allow its reference data to be hosted in Veeva Network.
  • Veeva remains open to any reasonable remediation request by IMS but, to date, we have received none.
  • Now, despite the fact that IMS reference data is not allowed to be processed in Veeva Network, IMS has sued Veeva.
  • Veeva has exhausted every avenue for resolution and believes IMS will retain its current position and aggressively pursue its litigation strategy.
  • We believe IMS’s claims are meritless, and have begun the process of defending against them in court.
  • After three years of attempts at a negotiated solution, we have determined that legal action by Veeva is now required. On March 13, 2017, Veeva sued IMS for violations of federal and state antitrust and unfair competition laws based on actions that include, among others, IMS’s refusal to allow customers to load its reference data products into Veeva Network. More information regarding Veeva’s lawsuit can be found at www.veeva.com/veeva-antitrust-lawsuit-against-ims.

Next-steps

  • Customers wishing to use Veeva Network should use Veeva OpenData (available in 38 countries) or other data sources, rather than IMS OneKey.
  • Veeva OpenData can be used with IMS software products such as Sample Guardian and other IMS software applications. Veeva has signed and will sign TPA agreements with IMS to allow use of Veeva OpenData with IMS software.

Data Controls Protecting IMS Intellectual Property (IP)

The following non-exhaustive list of key controls ensure the protection of IMS Data IP within Veeva Network. Even with these controls and many others in place, IMS will not allow IMS OneKey or other IMS reference data products to be loaded into Veeva Network.

  • Veeva segregation of resources that build and maintain Veeva OpenData and Veeva Network: The teams that compile and steward Veeva OpenData are not shared with any other groups, they do not influence the Veeva software products, and they do not have access to any Customer instance of Veeva Network that would house IMS data.
  • Veeva Data Bridge: Our technical solution (the Data Bridge) provides isolation at the country/customer level so that data access and DCR processing of IMS data by Veeva’s data teams is completely disabled as to any customer that is using IMS data as its reference data source for a particular country. A demo of this capability can be seen here.
  • IMS Customer Contractual Restrictions: IMS customers are contractually restricted, via their contracts with IMS, from providing data to Veeva unless a TPA is in place. Customers are responsible for adherence to their IMS contracts and, in our experience, they are very aware of the applicable requirements and restrictions. Customer adherence to IMS contracts is an additional deterrent against inadvertent disclosures of IMS data to Veeva.