Strict professional rules for advertising by dentists

In commerce, entrepreneurs must adhere to the requirements of competition law. Advertising must not be misleading or aggressive, for example. However, even stricter regulations apply to certain professions. In particular, dentists have been given very narrow limits in their advertising. The Austrian Chamber for Dentists takes action against violations, as confirmed by the many judgments, settlements, and cease-and-desist declarations published in the Austrian Dentists' Journal.

1) What regulations exist for advertising by dentists?

The advertising options for dentists in Austria are strongly regulated by law to protect trust in the healthcare profession and to prevent a "commercialization" of dentistry.

The main legal sources are:

• § 35 Dental Act (ZÄG) – legal basis for advertising restrictions

• Advertising Guidelines of the Austrian Dental Chamber – more detailed specification of permitted/forbidden forms of advertising

• UWG (Law against Unfair Competition) – regulations applicable to all entrepreneurs

• E-Commerce Act / Media Act – mandatory information particularly for online media

2) What content requirements must advertising meet?

There are four central content requirements: objectivity, truthfulness, no discrimination, and no impairment of the reputation of the profession.

Advertising dental services is considered unobjective when advantages are promised or services are announced that are not related to the offered dental service or do not provide any information about the advertised dental services. For example, advertising "with a fantastic view of St. Stephen's Cathedral" was deemed unobjective because it does not convey any information about the quality and content of the advertised services.

Advertising dental services is considered untrue when it does not correspond to the facts. Examples would include advertising with nonexistent exclusivity. However, this would also be inadmissible under general advertising law principles.

Advertising dental services is deemed discriminatory if it significantly disadvantages or disparages someone else. In other words: Advertising at the expense of others is problematic.

The reputation of the dental profession can be affected in various ways—often there is also an unobjective, untrue, or discriminatory practice involved. Examples include:

• the use of disparaging statements about other dentists, their activities, and their (dental) medical methods

• creating the impression of a false (dental) medical exclusivity

• self-promotion of one’s own self or services through intrusive or flashy representation

• advertising for pharmaceuticals, remedies, and other medical products as well as for their manufacturers and distributors

• distribution of vouchers for dental services

• distribution of leaflets and direct mail, sending emails, fax messages to a group of people beyond one's own patients

• advertising signs on cars

 Permissible examples include:

• Information about one’s own areas of activity

• Recall systems

• Information about succession or opening of the practice

Publications with patient names and images are only permissible with their consent declared to the dental professional.

 It is inadmissible to mention the name of the dentist in a medium if this is done in a "commercial" manner or if an advertisement is simultaneously placed in the same medium.

3) Which advertising media are prohibited, allowed, or only usable to a limited extent?

 Dentists are prohibited from advertising

• on television

• on the radio

• in cinema

• on posters

• on external websites (including social media)

 Advertising in print media is permissible; however,

• the advertisement may only occupy a maximum of a quarter of a page

• dentists may only publish an advertisement once per quarter (exceptions exist for practice openings, relocations, and closings), whereby it may only appear in one print medium—this restriction also applies to group practices

Setting up a website or profile on social media platforms (LinkedIn, Google+, Facebook) is allowed—however, the rules of the advertising guidelines and e-commerce conduct guidelines for dentists must also be observed. Mentioning names, professional titles, activities, as well as permissible information according to the signage regulation (for example, practice hours, insurances accepted, email address, website) in online phone directories, address and business directories, and search engines is allowed. 

4) What sanctions threaten in the event of violations?

Violations are not "mere trifles" but can have disciplinary, administrative penal, and civil law consequences. In particular, the Austrian Dental Chamber regularly takes action against violations of the advertising guidelines based on the UWG through cease and desist actions.

Contact ZEMANN IP if you have questions about dentists' advertising law.

This contribution represents only general information and does not constitute legal advice. ZEMANN IP assumes no responsibility for the currency, accuracy, and completeness of the information and specifically excludes liability for any direct or indirect damages, claims for damages, or consequential damages of any kind arising from the use of the information provided.