Advertising for notaries in Austria: what the Notariatsordnung and professional guidelines allow

The framework: true, factual and dignified

§ 31 Abs 6 of the Notariatsordnung (NO) permits notaries to advertise “insoweit […], als sie über seine berufliche Tätigkeit wahr und sachlich informiert” (insofar as it informs truthfully and factually about their professional activity) and complies with professional duties. This is specified in Article VIII of the professional guidelines, points 62 to 67. They require notaries to appear in public with regard to their position as an organ of the administration of justice, meaning independently, impartially and with a view to the clients' interests (Pkt. 62). Advertising is permitted within the limits of the Gesetz gegen den unlauteren Wettbewerb (UWG, unfair competition law), as long as content and form do not offend against the honour and dignity of the profession (Pkt. 65).

Anyone who oversteps the rules risks two things: disciplinary proceedings, because the chamber exercises professional supervision, and injunction claims under the UWG, which the regional chambers of notaries and the ÖNK can bring themselves under § 134 Abs 2 Z 7a and § 140a Abs 2 Z 10 NO. The good news: an informative, well-made website almost always stays within what is permitted. Problems arise where marketing habits from other sectors are adopted.

The four express prohibitions in practice

Pkt. 66 STR 2000 lists what is impermissible “in particular”. The list is not exhaustive, but it covers most of the questions that come up when writing website copy.

The ban on promotional self-aggrandisement expressly applies to staff too. A team page with photos, names and roles is factual information; labels such as “our expert for everything to do with inheritance” are not. Stick to roles and tasks: “Notariatskandidatin (trainee notary), handles estates and transfers of assets”.

Fees and the free first legal information

For lawyers, “free initial consultation” is an advertising claim with pitfalls. For notaries it is different: the professional guidelines stipulate that the first notarial legal information is free of charge (Pkt. 56). Pointing this out is not advertising a fee advantage, but information about a duty that applies equally to all notaries.

• Permitted: “As in every Austrian notary's office, the first legal information is free of charge with us.”
• Permitted: “Our fees are based on the Notariatstarifgesetz (NTG). We will tell you the expected fee before we start work.” This corresponds to Pkt. 58.
• Not permitted: special offers, flat-rate discounts or wording such as “particularly cheap”. These breach Pkt. 66.2.
• With caution: reductions for social reasons are possible in individual cases under Pkt. 57. You should not advertise them, because they quickly become a fee advantage used as bait.

The tariff rates may not be exceeded in any case (Pkt. 53). A “Costs” page that explains the system is helpful for visitors: value-based fees according to the value of the transaction, time-based fees, disbursements, court fees and VAT. Concrete example amounts are possible, but they must be correct and kept up to date, otherwise they become untrue information.

Titles, additions and main areas of activity

Besides “Öffentliche Notarin” or “Öffentlicher Notar” (public notary), Pkt. 63 only permits certain additions: academic degrees or equivalent professional titles, titles obtained in university teaching, professional titles conferred by the Federal President, and a reference to working as a defence counsel in criminal matters, interpreter, translator or mediator. You may only mention “Mediatorin” if you are entered in the Ministry of Justice's list or that of a representative mediation association, or have completed a curriculum recognised by the Notariatsakademie (Pkt. 33).

You may describe your fields of activity in as much detail as you like, because Pkt. 64 expressly permits information about tasks, powers and fields of activity. Terms such as “specialist”, “leading” or “the first port of call”, on the other hand, are value judgements likely to be regarded as promotional. If you want to substantiate a focus area, it is better to do so with facts: talks, specialist publications, a teaching role.

Reviews, testimonials and Google stars

Client testimonials with names are ruled out by Pkt. 66.3, because they name clients. Anonymous words of praise on your own website are not expressly regulated, but they highlight the person and the service in exactly the way Pkt. 66.4 prohibits. The practical recommendation for notary websites is therefore: no testimonials, no stars, no seals from review platforms.

It is different with reviews that third parties leave of their own accord on your Google Business Profile. You cannot prevent them, and a factually maintained profile with address, office hours and Amtstage is information, not promotion. Restraint is called for when actively soliciting them, however: review cards at reception or emails asking for five stars sit badly with Pkt. 66.4. Google's own policy for reviews also prohibits selectively asking customers for positive reviews.

Anyone who replies to a review must preserve confidentiality under § 37 NO. Do not even confirm that the person came to you; the review reply generator provides neutral wording. How to set up the profile properly is shown in the article Google Business Profile for professional firms.

Social media, newsletters and ads

Information via media, talks and publications is permitted (Pkt. 64), and the ÖNK itself is active on Facebook, Instagram, YouTube and LinkedIn. A notary's office can therefore use these channels to inform people about topics that affect many: when a lasting power of attorney makes sense, what to consider when handing a house over to the children, how the administration of an estate works. The tone remains that of expert information, not of a commercial.

• Search engine advertising: Google Ads are not expressly regulated in the STR 2000. A factual ad with name, place and field of activity is likely to fall within Pkt. 65; ads on the names of other notaries or with superlatives are not. If in doubt, ask your chamber.
• Newsletters: expert circulars are information. By email, however, the Telecommunications Act generally requires the recipients' prior consent; do not buy address lists.
• Media and talks: interviews, guest articles and talks in municipalities or at associations are classic, permitted public relations.
• Local visibility: a well-structured website that is found for “Notar” plus the place name has more impact than any ad; see Local SEO for professional firms.

When others advertise for you

Pkt. 67 obliges notaries to make reasonable efforts to ensure that impermissible advertising by third parties does not happen, in particular by the media. Typical cases are a property developer writing on its project page “Contract drafted by notary Mag. Beispiel, the best choice for your flat”, or a local publication turning a profile into a paid advertisement. In such cases, ask in writing for a change and document it. And: you may neither pay for the referral of instructions nor accept commissions (Pkt. 61).

The mandatory information that also belongs on every notary website is summarised in the article Imprint for notaries in Austria.