Practices and therapists are allowed to advertise. That surprises some, because for a long time advertising was considered unsuitable for the healing professions. Today, factual information about services, qualifications and available appointments is permitted. The limits are still tighter than in other industries. This article shows the most important ones and how ads work within them.
Note: this article describes the rules in Germany and does not replace legal advice. Other countries have their own healthcare advertising rules; for specific questions, your professional chamber or a lawyer specialising in medical law can help.
Which rules apply
In Germany, two sets of rules are particularly relevant for advertising in healthcare:
- The Healthcare Advertising Act (Heilmittelwerbegesetz, HWG). It applies to advertising for medicines, medical devices and other products, procedures and treatments relating to illnesses or complaints. It distinguishes between advertising to healthcare professionals and to patients. Stricter rules apply to advertising aimed at patients.
- Professional law. The professional codes for doctors, dentists and psychotherapists permit factual, profession-related information and prohibit unprofessional advertising, for example promotional or misleading claims. Other health professions have their own rules.
On top of that come general competition law and the advertising policies of Meta and Google, which further restrict ads in the healthcare sector.
What isn't allowed
The following points are the most common pitfalls in ads and on landing pages:
- Promises of cure. Statements that promise success with certainty or rule out side effects are misleading and not permitted.
- Misleading depictions. This includes anything that suggests an effect that hasn't been proven, or makes qualifications appear greater than they are.
- Before-and-after comparisons for cosmetic surgery. Surgical cosmetic procedures may not be advertised to the general public with pictures of the condition before and after the procedure.
- Misused testimonials. Statements by patients aren't banned in general, but they may not be used in an abusive, repulsive or misleading way.
- Competitions and promotional gifts. Prize draws and benefits intended to induce treatment are largely prohibited.
For certain illnesses listed in the law, there are also special advertising bans towards patients. Anyone working in these areas should have their ads checked in advance.
"Factual doesn't mean boring. It means saying specifically what someone gets, without promising anything."
What is allowed and works
Within these limits there's plenty of room. Good ads for practices focus on what patients actually want to know:
- The service, clearly named. Osteopathy, manual therapy, advice on implants.
- The location and availability. Where is the practice, and how soon is there an appointment?
- The process. What happens in the first appointment, how long does it take, and what does it cost for self-pay services?
- The people. A real photo of the team or the premises builds more trust than any wording.
Especially for services that patients pay for themselves or through private insurance, the need for this kind of information is great. Meeting it factually wins appointments without hitting the limits.
The platforms have their own rules
Meta and Google further restrict advertising in healthcare. Neither platform allows people to be targeted by health characteristics, and both review ads for certain treatments more strictly. The audience is therefore narrowed down by region, age and general interests, not by diagnoses.
For you, this means the ad has to speak for itself. A clear offer in your region reaches the right people even without health data.
Health data stays in the practice
When booking, patients often state what it's about. This information is health data and is specially protected. It doesn't belong in tracking pixels, in audiences or in reports to ad platforms.
Implemented properly, this means the ad platform learns at most that an appointment was booked, not what for. If a service provider processes the patient data, a data processing agreement under Art. 28 GDPR is also required.
Conclusion
Germany's Healthcare Advertising Act doesn't ban advertising, it bans exaggeration. Anyone who describes factually what patients can expect and consistently protects health data can reliably win new patients through Meta and Google. Have ads in sensitive areas checked before launch, and approve every ad yourself.
