The online platform Jameda for the evaluation of medical practices must delete medical profiles under certain conditions after a judgment of the regional court Munich I under certain conditions. Three medical professionals had sued and demanded that their profiles, which had not been approved, be removed.
The reason for the decision of the court, however, was not the creation of assessment profiles without the consent of the assessed. That was not a problem for the court. Decisive was rather the concrete design of the profiles. Parts of it could be considered as advertising of paying competitors of the concerned physicians.
On the profiles of physicians who paid no fees as base customers, Jameda published so-called "expert advice articles" of paying competitors. These in turn contained links to the profiles of paying physicians. Thus, the articles are "content suitable to direct the interest of a potential patient from the base customers to the authors of the articles", it said in a statement of the court. The online platform is therefore in this case no "neutral information broker." A similar judgment was made a month earlier by the Higher Regional Court of Cologne. Here, too, it was about Jameda granting "hidden advantages" to doctors who pay for their presence on the platform.
At the same time, the board stated that Jameda fulfilled a "principally approved and socially desirable function" - as long as the portal maintains its position as a "neutral information broker" and does not privilege paying customers at the expense of basic customers. The base customers admitted without their consent should not be used as a promotional platform for premium customers.
Jameda evaluated the three judgments as confirming the right to a full list of physicians to inform patients. Furthermore, the company pointed out that the design of the affected profiles objected to by the Munich judges was based on an outdated, already outdated layout.