Medical advertising law has been increasingly relaxed in recent years. Gone are the days when, for example, the size of practice signs was strictly regulated or doctors were only allowed to place adverts in newspapers on certain occasions. It is now not uncommon for us to even notice a certain carelessness with regard to our own Practice marketing for doctors. However, while many things have become more relaxed on the one hand, the legal requirements are constantly increasing on the other - for example, the legal requirements for the Practice homepage (keyword data protection).
Frequent reason for warnings: Unfair competition
The Wettbewerbszentrale, which takes action against unfair competition in Germany, regularly provides information on notable cases and case numbers in the various sectors. With regard to the healthcare sector, a total of 470 enquiries and complaints were processed in 2017. The number of cases in 2018 is expected to be at a similar level, with 195 cases for the first half of the year. More than half of the cases related to online practice marketing measures. Below you will find some of the occasions that have led to disputes.
- Before and after pictures
Advertising cosmetic surgery using comparative before and after pictures is not permitted in Germany. Nevertheless, violations or "attempts to circumvent" are repeatedly on the agenda of the Wettbewerbszentrale. Of course, it is possible to question whether this ban makes sense, as patients can find a large pool of such images in seconds via Google (e.g. from practices in neighbouring EU countries where the rules are less strict). This sometimes puts German doctors at a competitive disadvantage.
- Misleading designations
The Wettbewerbszentrale also frequently takes action because of misleading designations. For example, alternative practitioners are not allowed to refer to their training as "studies", as this is not academic training. Furthermore, alternative practitioners must be careful when using online appointment or assessment portals, as it can sometimes happen that they are falsely listed as a "doctor". This has also led to warnings in the past.
- Sales commissions
Can you promise a patient a gift if they agree to a treatment and then rate it positively on Jameda? The answer is no. However, in a case described by the Wettbewerbszentrale, an ophthalmological practice promised its patients exactly this. A pair of sunglasses was promised as a gift for a positive review after an eye operation.
- Recommendations
The extent to which doctors are allowed to recommend other colleagues or healthcare providers to their patients has already been the subject of several court judgements in the past (see → Notes and explanations on co-operations). In 2017, the Wettbewerbszentrale also took action on the basis of recommendations that violated the prohibition on recommendations under professional law. Doctors should therefore be very cautious with regard to practice marketing when it comes to mentioning cooperation partners (e.g. on the website or on printed materials).
Medical advertising law:
Three common mistakes on practice homepages
Infringements or missing information on the practice website are particularly easy for "warning lawyers" to detect and at the same time easily avoidable. All the more alarming are the results of a study conducted by Reif & Kollegen (Munich) in 2018, which show that there is a particular need for optimisation in this area.
Sources: (1) Reif & Kollegen, 2018. Unprofessional advertising: 22 common mistakes on practice websites: https://reif-kollegen.de/wp-content/uploads/Reif_Whitepaper_Final-1.pdf
Missing or incomplete imprint
94% of the practice homepages analysed have no or only an incomplete legal notice (1).
Insufficient accessibility of the privacy policy
For 65% websites, the privacy policy is not accessible from everywhere (1).
Missing copyright notices for images
38% of the practice homepages analysed have no copyright notices for images used from image databases (1).
Legally in the green zone?
Tell us about your case!
We are a member of the Competition Centre and work closely with lawyers specialising in medical law. Our clients can therefore rest assured that we always keep a close eye on the legal aspects right from the start. You are also welcome to contact us if there are any uncertainties with regard to ongoing projects or if you would like us to check your practice website. We will be happy to put you in direct contact with experienced lawyers if required.
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