Negative entries at credit agencies can make loans, rental agreements and mobile phone contracts more difficult. An overview of how entries can be checked and when deletion is possible.
Whether it's an installment loan, looking for an apartment or a new cell phone contract - in many situations companies obtain credit reports. A negative entry with a credit agency such as SCHUFA can lead to contracts being rejected or only being offered on worse terms.
However, not every entry is correct in terms of content or legally permissible. According to the General Data Protection Regulation (GDPR), those affected have various rights with which they can view, correct and, under certain conditions, delete stored data.
First step: information about the stored data
Before thinking about deletion, it should be clear what data is actually stored. According to Art. 15 GDPR, those affected can request information from any credit agency about the data processed about them. This also includes information about where the data comes from and to whom it was transmitted.
This data copy is generally free of charge. It is to be distinguished from paid credit reports that credit agencies offer for presentation to landlords. Free information according to the GDPR is usually sufficient for your own check.
What to pay attention to during the exam
If the information is available, it is worth taking a closer look at each individual entry. Typical questions are:
- Are the personal details correct, or is there perhaps a confusion with another person?
- Does the reported claim actually exist and is it outstanding for the stated amount?
- Has a claim that has already been paid been noted as settled?
- Was the claim disputed before reporting?
- Has the storage period relevant to the entry already expired?
Legal requirements apply to reporting open claims. As a rule, a claim may only be reported if it has been established or recognized by a court or if the person concerned has received several written reminders after the due date, has been informed of the possible report and has not disputed the claim. If this is missing, the entry may be inadmissible.
Correction and deletion according to the GDPR
If data is incorrect, there is a right to correction according to Art. 16 GDPR. Art. 17 GDPR also provides a right to deletion if, for example, the data is no longer necessary for the purpose for which it was stored or was processed unlawfully from the start.
Even legitimately reported entries are not saved permanently. Credit agencies delete completed entries after certain deadlines, which result in particular from industry-wide rules of conduct. These deadlines have been partially shortened in recent years and depend on the type of entry. Whether early deletion can be requested in individual cases is a question of balancing the interests of the person concerned and the information interests of the economy.
Procedure for incorrect entries
Anyone who believes an entry is incorrect or inadmissible should contact the credit agency in writing, specifically state the error and attach existing evidence - such as proof of payment or letters disputing the claim. It often makes sense to write to the reporting company at the same time, as they can revoke the report.
During the review, according to Art. 18 GDPR, it can be requested that the processing of the disputed data be restricted. If there is no response or the correction is rejected, a complaint to the responsible data protection supervisory authority and legal enforcement of the claims can be considered. In the case of illegal entries, a claim for damages under Art. 82 GDPR may also have to be examined; Whether and to what extent this exists depends on the individual case.
Conclusion
A negative entry does not have to be accepted unchecked. The GDPR provides those affected with effective tools to view stored data and have errors corrected. Whether an entry needs to be deleted depends on whether the report was permissible, whether the data is accurate and whether the relevant storage periods have expired. The basis for this is a careful examination of the documents.
Frequently asked questions
The right to information according to Art. 15 GDPR is not limited to a one-off request. However, in the case of obviously unfounded or frequently repeated applications, the credit agency may charge a reasonable fee or refuse to provide information. Querying at appropriate intervals is usually not a problem.
Usually not immediately. The entry is initially noted as completed and remains saved until the applicable deadline has expired. However, if the report was inadmissible from the start, there may be a claim for deletion regardless.
It often makes sense to write to both. The credit agency is responsible for storage and the reporting company is responsible for the accuracy of the report. If the company revokes its report, the entry is usually removed.
