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Rating portal for doctors strengthened

Industrial property law

Rating portal for doctors strengthened

"Jameda" operates a rating portal for doctors that is well-known in Germany. It contains the ratings of patients initially entered without further examination. In Germany, many prospective clients looking for a doctor use these ratings as a guide.

Two dentists had wanted to prohibit Jamada from listing them on their portal. Jamada offers doctors the opportunity to enhance their profile with pictures and other functions through paid advertising.

However, the dentists did not want to pay anything and thus did not want to appear less significant on the portal than their paying colleagues. They preferred not to appear at all.

The BGH (judgement of 13.10.2021, ref. VI ZR 488/19 and VI ZR 489/19) is of the opinion that the doctors must tolerate being rated on the portal even without their consent. The reasons for the ruling were not available at the time of going to press, but the BGH obviously recognises a social interest in information and the benefit of the portals.

The decision can easily be applied to rating portals for lawyers.