Whether you are a young professional or an experienced specialist, everyone looking for work writes numerous applications.
Understandably, every applicant emphasizes their advantages. However, your potential employer does not only receive the information that you provide in your application. You will be thoroughly checked with so-called background checks! The question quickly arises: Can you provide us with a Schufa self-disclosure? Reason enough to ask whether this is permissible.
One thing in advance: so-called background checks have long been commonplace. Potential employers want to know exactly who they are hiring. Do you have an embarrassing photo on studivz, XING or facebook? Your dream employer will soon find out! In certain professional groups (e.g. securities traders, accountants, etc.), employers are even interested in learning to what extent you are financially reliable. Schufa Holding AG and other credit reference agencies (about 500 in the German market) store this credit data about you, making you increasingly interesting for HR managers. If you now have a negative entry, your chances on the job market are worse.
Firstly: Personnel managers have no right to obtain information about you from Schufa Holding AG or any other credit reporting agency. If you ever learn that a personnel manager has violated this rule, you should seek legal advice. Your career will be at stake!
Secondly: Employers can get around this rule by asking applicants to obtain a self-disclosure from Schufa. You will then be asked to present this information. It is not yet clear whether employers are allowed to ask applicants to do this. Basically, it depends on whether you are aiming for a job in the financial sector. Only then can this “background check” be permissible at all. Even in this case, however, there are still doubts as to its legality. Nevertheless, you face the dilemma that you will probably not be given the job without a Schufa self-disclosure. This is because other applicants may be willing to do so.
Take precautions: Before a “job application marathon”, you should obtain a Schufa self-disclosure in good time. You may also want to do so at two or three other credit reference agencies (e.g. Creditreform). If you discover a negative entry, you should first “remove” it. To do this, you have a claim against the entity that transmitted your data to Schufa. Whether this claim exists must be clarified in each individual case (usually by a specialized lawyer).
However, this legal advice can be worthwhile. You will see this on your first pay slip. Good luck with your applications!
Schufa information for job applicants: What applicants and employers need to know
In Germany today, it is not unusual for employers to ask job applicants for a Schufa self-disclosure, especially in industries with special trust relationships, such as the financial sector. However, there are clear legal frameworks that affect both the rights of applicants and the obligations of employers.
Legal basis
Data protection laws
The General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) govern the handling of personal data. Employers are not allowed to obtain information about an applicant’s creditworthiness without their explicit consent. This means that the employer is not allowed to make an independent request to Schufa. The protection of personal data is a central element of these laws.
Special position of trust
In certain cases, such as for positions with access to financial resources or sensitive information, an employer may have a legitimate interest in checking the financial reliability of an applicant. However, in these cases, too, the explicit consent of the applicant is required. In addition, the request for a Schufa report must be factually related to the advertised position.
Permissibility of Schufa information
Request by the employer
Requesting a Schufa self-disclosure is legally problematic. While it may be justified in exceptional cases to ask about an applicant’s financial reliability, generally requesting such information is often not permissible. In addition to credit information, a Schufa report often contains private details that are irrelevant to an applicant’s suitability.
Legal consequences for employers
If an employer requests a Schufa report without consent, this constitutes a violation of data protection regulations. Such a violation can have legal consequences, including fines or claims for damages.
Practical tips for applicants
Review your own report
Applicants should request their own Schufa self-disclosure in good time. Negative entries can affect application processes. It is therefore advisable to clarify possible errors or disputed entries before applying.
Consent should be given consciously
If an employer requests a Schufa disclosure, applicants can indicate that they are only willing to provide certain information. Alternatively, applicants can offer to provide access to a report they have obtained themselves in advance.
Know your rights
Applicants should be aware that they are not obliged to provide a Schufa report if there is no direct link to the position. Legal advice can help in the event of a dispute, especially if an applicant feels they are being put under pressure by the employer.
Summary
The request for a Schufa self-disclosure by the employer is a sensitive topic in Germany that requires a legal and factual context. While employers may have a legitimate interest in certain situations, this must always be in line with data protection laws. Applicants should be aware of their rights and be proactive with sensitive information to prevent inappropriate demands.
Problems with a negative SCHUFA entry?
A negative SCHUFA entry often arises faster than expected – whether due to:
- Unpaid bills (knowingly or unknowingly)
- Disputes with companies
- Claims reported in error
Such entries can have far-reaching consequences, such as being denied credit or being unable to enter into energy or mobile phone contracts. It becomes particularly problematic when companies unlawfully report entries or make threats to enforce claims.
Your rights: Incorrect or prematurely reported SCHUFA entries can be challenged and, under certain circumstances, deleted prematurely.
Why specialized legal counsel is important
Experience shows that those affected often fail without legal support. Lawyers can:
- Identify and dispute incorrect entries
- Request that the SCHUFA or reporting companies delete entries
- Take legal action against unjustified entries
Dr. Thomas Schulte, a lawyer in Berlin, has specialized in representing SCHUFA victims for many years. With careful preparation, we often achieve the deletion of unjustified entries within 1 to 3 weeks.
SCHUFA scoring and your rights
SCHUFA scoring is not only based on negative entries, but also on so-called “soft” criteria such as:
- Number of credit cards
- current accounts with overdraft interest
- Existing mobile phone or electricity contracts
According to SCHUFA, more than 500,000 information requests are made every day, and not all of them are always correct. The General Data Protection Regulation (GDPR) gives you rights to defend yourself against unauthorized entries or incorrect data. Take advantage of these opportunities!
Contact Dr. Schulte for quick help
Don’t let SCHUFA entries ruin your future! Contact us for expert advice:
- Phone: +49 (0) 30 – 22 19 220 20
- E-mail: dr.schulte@dr-schulte.de
Location: Malteserstraße 170, 12277 Berlin
Nationwide representation: Whether Hamburg, Munich, Frankfurt or any other city – we take care of your concerns.
Your advantages with us:
- Fast processing: Deletion often in 1-3 weeks
- Digital communication: Simple and efficient
- Legal expertise: Nationwide representation and many years of experience
Call us or write to us – we look forward to helping you!
Further information:
- SCHUFA scoring and data protection: Your rights at a glance
- Dispute incorrect SCHUFA entries – This is how it’s done
- Compensation for unjustified SCHUFA entries
Dr. Thomas Schulte – Your point of contact for legal questions about the SCHUFA!