The doctor takes revenge on the patient after the evaluation and receives a harsh punishment

Doctors also attach great importance to online reviews. This is shown, for example, by the event reported by the Austrian news portal “ today ” Currently Reported: A patient criticized her gynecologist in an online review and accused him of being unsympathetic. The gynecologist reacted angrily and publicly disclosed the diagnosis of “vaginal infection” along with her name. This information was said to be publicly visible for nearly an entire week.

A doctor takes revenge on his patient online and pays a fine of 10,000 euros

The affected patient then contacted the Data Protection Commission and claimed a breach of the GDPR. The Commission decided in their favor, justifying it with the following statement: “As a controller, you unlawfully processed personal data on the federal territory of Austria by publishing health data in response to the audit.”

The Austrian Data Protection Commission then imposed a €10,000 fine on the doctor.

Should doctors accept online reviews?

This is the case in Austria, but what is the legal situation in Germany? As a ruling by the Supreme Regional Court (OLG) in Frankfurt am Main on March 8, 2012 shows, doctors in Germany are required to accept online reviews of their practices. According to the Higher Regional Court in Frankfurt, the resident doctor from the state of Saxony, who requested the deletion of her data and reviews on the doctor rating portal Jameda, did not have a “protected interest” in deleting this information, as “ Law Forum ” mentioned.

This decision affirmed patients’ right to publicly share their experiences with doctors and sets an important precedent for other review portals.

In its decision, the Higher Regional Court in Frankfurt relied on the ruling of the Federal Court of Justice (BGH) regarding the “spikkmich” teacher evaluation portal. Although this portal is only open to registered users, while Gamda is open to everyone, the OLG indicated that freedom of expression for users of classification portals also includes doctors. According to Juraforum, the ruling sets an important precedent that freedom of expression also includes anonymous data in the classification portal.

Online review guidelines

The increasing importance of online customer reviews, which more than half of Internet users read before making a purchase and can be influenced by the content, has led to new regulations and guidelines. How is that ” European Consumer Center Germany EVZ stated that customers are generally allowed to express their opinions in such reviews, whether objective or emotional, in addition to leaving negative reviews without comment.

According to EVZ, any factual claims must be proven in reviews, otherwise there is a risk of a lawsuit in which the data will be fact-checked. If the review contains incorrect information that harms the business, criminal defamation is also possible.

Insults or offensive criticism are also prohibited. Businesses have the right to file an injunction with claims for damages in the event of defamatory or offensive reviews that do not address the actual issue.

Can negative online reviews be deleted in Germany?

Businesses are not allowed to delete negative reviews without reason, and must accept a certain level of criticism. However, online review platforms are allowed to delete offensive or illegal content. Since 2020, platforms have been forced to publish reviews fairly and transparently, EVZ reports. The allegation of illegal deletion of spam and negative comments must be refuted with comprehensive evidence.

In Germany, online reviews are subject to different legal frameworks arising from data protection law, competition law and personal rights law. Here are some relevant aspects:

1. Real factual statements: If the review is based on actual facts, there is usually no right to deletion. German law fundamentally protects freedom of opinion and the right to freedom of expression.

2. Offensive or incorrect content: Offensive or incorrect data may violate personal rights. In such cases, you can confirm the deletion prompt. It is important to note that the plaintiff must usually prove that the statements were actually false or offensive.

3. Right to be forgotten: Under the General Data Protection Regulation (GDPR), individuals have the right to have their personal data erased in certain circumstances. If an online review contains personal information and violates privacy regulations, this may be grounds for deletion.

4. Judicial order: If the review contains illegal content, the person concerned can assert a claim for injunctive relief. This may lead to the author being asked to refrain from making similar statements.

5. Legal steps: In extreme cases, legal action may be considered if the review contains serious legal violations. This may take the form of injunctions, claims for damages or criminal charges.

It is important to note that a careful assessment should be made on a case-by-case basis, and it is recommended that legal advice be sought to clarify the specific circumstances. Platforms often have their own content moderation policies, and it may be helpful to contact the platform directly to request review or removal.