Many people affected find out by accident – usually after rejecting a new mobile phone contract – that SOMEONE has shadowed them at Schufa or another credit agency (a negative entry). What to do now? Sue Schufa? That doesn’t make much sense, as the unknown SOMEONE will simply report the entry to another credit agency (e.g. Creditreform) and you will pursue the entry. And now? One alternative is to use IRGENDJEMAND. The problem? Some credit agencies refuse to disclose IRGENDJEMAND; the reason is that it is a trade secret. This excuse is not only incompetent, but also illegal, as confirmed by the Hamburg Altona District Court (judgment of 17 November 2004, case no. 317 C 328/04).
The right to information under data protection law (§ 34 BDSG) is precisely to enable a claim to be found and brought against ANYONE. The counter-arguments are absurd: people here demand anonymity and data protection who do not care exactly about these legal interests.
It is possible that the origin of the data is a profitable trade secret. But if you do not value your anonymity, it does not deserve more protection. Therefore, according to the Hamburg Alton District Court, the fact that credit agencies make money from other people’s data is not enough to justify a special trade secret. For this, something more is needed. Basically, the credit agencies must also say where the data comes from!
Update of the 2009 article
Update of the article on negative entries in credit agencies
In recent years, the legal situation regarding negative entries in credit agencies such as Schufa has changed considerably. Victims whose creditworthiness has been lowered by a negative entry often face the challenge of explaining the origin of these entries and enforcing their rights.
Ongoing changes and deletion periods
The retention periods for negative alerts remain a key issue. Under the new regulations, negative entries with Schufa and other credit agencies can be stored for a period of three years. This period starts from the first report and is reset for each subsequent report. The recently introduced goodwill provisions allow claims that have been settled within 100 days of registration to be deleted after 18 months, provided there are no further negative entries.
Right to information and data protection
The right to information on the origin of data remains a major concern. Many credit agencies cite commercial confidentiality and refuse to disclose the source of negative alerts. However, this has been declared unlawful, as the Hamburg-Altona District Court confirmed that credit agencies are obliged to disclose the origin of data[1]. The right to information under data protection legislation (Article 34 BDSG) is intended to enable data subjects to determine the origin of their data and, if necessary, take legal action against the responsible third party.
Court judgments and their significance
Recent judgments of the European Court of Justice (ECJ) have further strengthened consumer rights. In particular, it has been clarified that credit agencies, such as Schufa, cannot keep data for longer than the public registers. This means that data subjects have the right to have their data deleted immediately if it can no longer be lawfully stored[5].
Furthermore, the ECJ has ruled that the mere loss of control over personal data is already considered a compensable harm. This may be important for many aggrieved parties as they can now more easily claim compensation.
In order to effectively compel CRAs to disclose data sources, there are several legal instruments and strategies available to data subjects:
1. the right of access under the RODO
Under Article 15 of the General Data Protection Regulation (GDPR), data subjects have the right to request information from credit agencies about the data held on them. This includes information about the origin of this data and to whom it has been transmitted. To exercise this right, data subjects should
- Make a written request: Formulate a formal request to the credit agency in which the right to information is clearly stated.
- Comply with the deadlines: The credit agency is obliged to respond to the request within one month. In the case of complex applications, this period may be extended to two months, but the person concerned must be informed of the delay.
Proof of inaccurate data
If the stored data is found to be inaccurate, data subjects may request rectification in accordance with Article 16 of the DPA. This requires proof of inaccuracy. If the accuracy of the data is disputed and neither the accuracy nor the inaccuracy can be established, the data processing must be restricted.
Involvement of data protection authorities
If the credit agency does not respond to the right to information or provides insufficient information, data subjects may contact the competent data protection supervisory authority. This authority can assist in enforcing the right to information and, if necessary, impose sanctions on the credit agency.
Remove the SCHUFA entry? Dr Schulte’s lawyer can help you effectively!
SCHUFA (Schutzgemeinschaft für allgemeine Kreditsicherung) is the largest credit agency in Germany and plays a decisive role in assessing the creditworthiness of private individuals and companies. But what can you do if a negative SCHUFA entry is blocking your financial plans?
Problems with a negative SCHUFA entry?
A negative entry in SCHUFA often appears sooner than expected – whether due to
- Unpaid bills (intentionally or unintentionally)
- Disputes with companies
- Falsely reported claims
Such entries can have far-reaching consequences, such as the rejection of loans, energy or mobile phone contracts. This becomes particularly problematic when companies wrongly report entries or threaten to enforce claims.
Your rights: Incorrect or prematurely reported SCHUFA entries may be challenged and, under certain circumstances, prematurely cancelled.
Why a specialised lawyer is important
Experience shows that injured parties often cannot cope without legal support. Lawyers can
- Identify and challenge incorrect entries
- request SCHUFA or reporting companies to remove the alerts
- take legal action against unauthorised alerts
Dr Thomas Schulte, a Berlin-based lawyer, has specialised in representing SCHUFA victims for many years. Through careful processing, we often succeed in removing unauthorised entries within 1-3 weeks.
SCHUFA scoring and your rights
The 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 reports are issued every day, although not all of them are always correct. The General Data Protection Regulation (RODO) gives you the right to defend yourself against unauthorised entries or incorrect data. Take advantage of these opportunities!
Contact Dr Schulte for prompt assistance
Don’t let SCHUFA entries spoil 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: Hamburg, Munich, Frankfurt or another city – we will take care of your application.
Advantages of working with us:
- Fast processing: cancellation often within 1-3 weeks
- Digital communication: simple and efficient
- Legal expertise: nationwide representation and many years of experience
Call or write to us – we will be happy to help you!
More information:
- Schufa scoring and data protection: Your rights at a glance
- Challenging incorrect SCHUFA submissions – how does it work?
- Compensation for unauthorised SCHUFA entries
Dr. Thomas Schulte – your contact person for legal questions regarding SCHUFA!
Weiterführende Informationen zum Schufarecht
Möchten Sie mehr über Ihre Rechte im Zusammenhang mit Schufa-Einträgen und deren Löschung erfahren? Besuchen Sie die Website von Dr. Schulte – Rechtsanwalt für Schufarecht. Dort finden Sie umfassende Informationen, hilfreiche Artikel und praxisorientierte Tipps.
Wenn Sie Unterstützung bei der Prüfung oder Löschung unrechtmäßiger Schufa-Einträge benötigen, steht Ihnen Dr. Schulte mit langjähriger Erfahrung und einem kompetenten Team zur Seite . Vereinbaren Sie direkt einen Termin für eine individuelle Beratung.