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Volume: 5 Issue: 7
(July 2018)

Keywords:
germany lawfulness physician rating portals depends “neutrality ruling 20 february 2018 german federal supreme court (‘bgh decided physician rating

Jurisdictions:
Germany Europe

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Germany: Lawfulness of physician rating portals depends on their “neutrality”

In its ruling of 20 February 2018, the German Federal Supreme Court (‘BGH’) decided that the physician rating portal ‘Jameda’ must delete a physician’s profile completely under data protection law, since the physician’s privacy rights prevail with respect to the provider’s freedom of speech, the provider having gone beyond its position as a “neutral information provider1.” Dr Niels Lutzhöft and Dr Christoph Hendel of Bird & Bird, discuss the case in detail and the wider implications.

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