Contacting existing patients: what is permitted

In most practices the greatest untapped lever lies not in acquiring new patients, but in the practice's own records. People who have already been there, were satisfied, and have heard nothing since. The most obvious question about this is also the most common one: are we allowed to contact them at all?

Note: This text reflects the position as of and does not replace legal advice. For a binding assessment of your individual case, please consult a lawyer specialising in medical and competition law. On request, we will coordinate the content we produce for you with your law firm.

Organisation is not advertising

The first and most important distinction: a pure appointment reminder or a notice about a medically indicated check-up is organisation of the treatment, not advertising. But as soon as a promotional element is added, for example a reference to an additional service or an offer, the reminder becomes an advertising message. Different rules then apply, and they apply to that same email.

What § 7 UWG requires

Under § 7(2) no. 2 of the Gesetz gegen den unlauteren Wettbewerb (German Act Against Unfair Competition), advertising by electronic mail is in principle deemed an unreasonable nuisance if there is no prior express consent from the recipient. Express means: actively given, demonstrable, and for that channel. Consent to data processing is not consent to advertising, and consent for postal mail does not cover email.

The exception for existing customer relationships

§ 7(3) UWG permits direct advertising to existing customers even without separate consent, but only if all four conditions are met at the same time:

  1. The email address was obtained from the customer themselves in connection with the sale of goods or a service.
  2. It is used for direct advertising for the trader's own similar goods or services.
  3. The customer has not objected to the use.
  4. The customer is clearly and unambiguously informed, both when the address is collected and on every use, that they can object at any time.

If one of the four conditions ceases to be met, the exception no longer applies. The fourth point is the one that most often fails in practice: the notice about the right to object must appear in every single message, not just once at the beginning.

The channel makes a difference

Email and SMS are regulated more strictly than postal mail. A letter to existing patients is to be assessed differently in law from the same message sent by email. Anyone who has records with thousands of addresses but no documented consents for the electronic channel therefore does not automatically have a problem, but first of all a question of channel.

What this means in practice

Reactivation does not begin with sending, but with taking stock: which contact details are available, on what basis they were collected, which consents are documented, and which part of the records can thus be reached on which channel. From that it follows what is possible without further steps, what requires consent to be obtained first, and where postal mail is the faster route.

In parallel, consent belongs in day-to-day practice operations: at first contact, cleanly separated by purpose and channel, documented and revocable. The basis then grows with every new patient.

Sources

Advertising law for practices and clinics · Frequently asked questions · Arrange an initial consultation