Act No. 40/1995 Coll. on the regulation of advertising doesn’t ban advertising of healthcare services. It does set limits, and those who know them have surprisingly large room to work. The Act also treats a clinic’s website, social media and email campaigns as advertising, because it explicitly counts computer networks among communication media.
What advertising must not do
Most restrictions come from a few provisions. They apply to all advertising, but they carry special weight for healthcare services.
- Mislead. Section 2(1) prohibits misleading advertising. Promising a treatment or procedure outcome that cannot be guaranteed is the most common way to end up there. Phrases like “we guarantee to rid you of pain” or “100% success rate” have no place in a campaign.
- Create fear. Section 2(3) prohibits advertising that uses the motive of fear. Communication built on the idea that the patient risks harm without the procedure crosses that line.
- Compare with competitors. Section 2a allows comparative advertising of healthcare services only when it targets professionals who provide those services. For patients, “the best clinic in Prague” or “cheaper than the competition” is off the table.
Limits added by the Code of Ethics and GDPR
The Advertising Act isn’t the only regulation that shapes a clinic’s campaign. Patient reviews and “before and after” photos are restricted mainly by the Czech Medical Chamber’s Code of Ethics and by GDPR. Information about a specific person’s treatment is protected by medical confidentiality (§ 2(9) of the Code) and is also a special category of personal data under Article 9 GDPR. It cannot be published without explicit, informed and documented consent.
Who is responsible
Under § 2(16) of the Czech Medical Chamber’s Code of Ethics, a doctor must refrain from undignified promotion of themselves and their practice and must not initiate it through other people either. The doctor is therefore personally responsible for advertising commissioned through an agency. That’s why every output should be reviewed before publication.
The space the law leaves is large. Build communication on explaining the treatment, its course and the care that follows.
What works instead
Factual information about the practice, explanatory content and a clear path to booking. A description of the procedure, how it goes and the aftercare, an introduction to the team and equipment, availability and a price list. Under Act No. 372/2011 Coll., healthcare providers must publish a price list of procedures paid by patients, so transparent pricing can be part of the communication itself.
These elements hold up before the regulator and bring in patients who know exactly why they’re coming.
This article summarises general rules and is not legal advice on a specific campaign.