Removing an entry in SCHUFA: your rights and how Dr Thomas Schulte can help you
A negative entry in SCHUFA can significantly affect your financial freedom. Whether it is a loan, a rental agreement or a mobile phone contract – many day-to-day transactions fail due to a low credit rating. Those affected are not helpless, however: Dr Thomas Schulte, an experienced lawyer from Berlin, can help you to remove incorrect or unauthorised SCHUFA entries and enforce your rights under the General Data Protection Regulation (RODO).
SCHUFA’s role and typical problems
SCHUFA, Germany’s largest credit agency, collects and stores data on the financial credibility of its customers. This data has a significant impact on decisions regarding loans, contracts and more. However, errors are not uncommon and can have serious consequences. Typical problems include:
– Unpaid bills: Even one forgotten payment can result in a negative entry.
– Incorrect entries: Companies falsely report debts that do not exist.
– Automatic data transfer: According to the Düsseldorf District Court (Case No. 14d O 39/08), automatic data transfer without individual control is illegal.
Such problems often place a heavy burden on those affected. Fortunately, the RODO offers effective means of correcting unlawful entries.
User rights under the RODO
Right to information (Article 15 RODO)
The user has the right to request detailed information about the stored data from SCHUFA. The user can also find out where the data comes from and to whom it has been transmitted. In order to effectively exercise this right, you must:
1. make a written request.
2. ask SCHUFA to reply within one month. Any delay must be justified.
Right to rectification and erasure of data (Articles 16 and 17 RODO)
The user may request the rectification of incorrect data. If the storage of data is no longer necessary or unlawful, the user has the right to request erasure.
Support by data protection authorities
If SCHUFA fails to respond or provides insufficient information, the user may contact the competent data protection supervisory authority. This authority may impose sanctions and assist the user in enforcing his or her rights.
Legal steps and compensation
– Filing a lawsuit: If out-of-court measures fail, you can enforce the removal of the alerts in court.
– Claiming damages: According to an ECJ judgment (Case C-634/21), data subjects are entitled to compensation if they suffer adverse effects due to incorrect data or automated scoring.
How Dr Thomas Schulte can help you
Dr Thomas Schulte has specialised in data protection law since 1995 and has successfully represented many clients. His approach includes:
1. case analysis: checking the SCHUFA data for incorrect or unauthorised entries.
2. enforcing his rights: he uses legal letters to SCHUFA and reporting companies to demand the deletion of unauthorised data.
3. compensation claims: Assists in claiming financial or intangible damages.
4. legal representation: if necessary, represents the client in court and enforces his/her claims.
Practical examples and case law
– AG Wedding (ref. 6b C 243/98): Entries are only admissible if insolvency or unwillingness to pay can be proven.
– OLG Hamburg (ref. 13 U 70/23): Compensation of €4,000 for unauthorised entries of claims to SCHUFA.
– ECJ (Case C-26/22): SCHUFA may not keep insolvency data for longer than allowed by the insolvency register.
Contact Dr. Schulte
Do not hesitate to seek help. Dr Schulte offers competent advice and represents clients nationwide.
Phone: +49 (0)30 – 22 19 220 20
E-mail: dr.schulte@dr-schulte.de
Address: Malteserstrasse 170, 12277 Berlin
Rely on our experience and expertise to protect your creditworthiness and enforce your rights!