Contesting a credit report
Challenging a credit report – Correcting and deleting incorrect entries
Inaccurate credit reports can ruin loans, tenancy agreements and business relationships. In addition to Schufa, Creditreform Boniversum, CRIF Bürgel, infoscore Consumer Data and Regis24 also store personal data and calculate credit scores. Articles 15, 16, 17 and 21 of the GDPR grant you enforceable rights vis-à-vis every credit reference agency. We check your credit reports with all relevant credit reference agencies, identify incorrect entries and ensure that they are corrected, deleted or that compensation is awarded.
Which credit reference agencies are there, and what information do they hold?
In Germany, there are several major credit reference agencies that collect credit data on consumers and businesses. Each agency uses its own data sources, assessment models and scoring methods. An incorrect entry at one credit reference agency does not automatically mean that the same error is present at all the others. That is why a comprehensive check with all credit reference agencies is crucial. Anyone wishing to challenge their credit report must know which agencies hold which data.
Your GDPR rights in relation to credit reference agencies
The GDPR provides data subjects with a powerful set of tools to use against any credit reference agency. Four rights are central to challenging a credit report: the right to access, the right to rectification, the right to erasure and the right to object. These rights apply equally to Schufa, Creditreform, CRIF Bürgel and any other credit reference agency. If a credit reference agency fails to respond within the statutory time limit, you can lodge a complaint with the relevant data protection authority.
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Common errors in credit reports
In practice, inaccurate credit reports are not uncommon. The problems range from obvious mix-ups to subtle scoring errors that only become apparent upon closer inspection. Any inaccurate entry can significantly lower a credit score and lead to tangible financial disadvantages. Anyone wishing to dispute their credit report should systematically check and document all entries.
Incorrect entries, mistaken identity and duplicate entries
A common problem is incorrect entries: claims that do not exist, have already been settled, or are attributed to the wrong amount. Cases of mistaken identity (people with the same name) occur particularly frequently with common names and can distort entire credit histories. Duplicate entries arise when the same claim is reported separately by the creditor and the debt collection agency. All these errors are subject to rectification under Article 16 of the GDPR and may be erased under Article 17 of the GDPR. Where damage is proven, compensation may be considered under Article 82 of the GDPR.
Out-of-date entries and unauthorised requests
Entries for which the retention period has expired must be deleted. The previous rule stipulated three years after the matter had been settled – the ECJ ruling in Case C-634/21 has reduced this period to six months for insolvency entries. Unauthorised enquiries without a legal basis under Article 6 of the GDPR pose a further problem: every credit enquiry is stored and may affect the credit score. If an enquiry is made without your consent or without the initiation of a contract, it is unlawful and must be deleted.
Enforcing a challenge and claiming damages
Challenging an inaccurate credit report follows a structured process: obtain a self-report, identify errors, request rectification or erasure, and escalate the matter if your request is refused. If an inaccurate entry is not corrected within the specified time limit, you are entitled not only to rectification and erasure but also to compensation under Article 82 of the GDPR. In the case of businesses, a claim under Section 824 of the German Civil Code (BGB) (credit risk) may also apply.
Procedure and time limits for challenging the decision
First, request a free copy of your data from each relevant credit reference agency in accordance with Article 15 of the GDPR. Identify any incorrect entries and submit a request for rectification or erasure, specifying the entry in question and the reason for your request. The credit reference agency must respond within one month (Article 12(3) of the GDPR). If they refuse, you may lodge a complaint with the data protection authority or bring an action before the civil court. Claims are subject to the standard three-year limitation period under Section 195 of the German Civil Code (BGB).
Compensation for incorrect credit information
Article 82 of the GDPR provides for compensation for material and non-material damage resulting from unlawful data processing. Typical examples of material damage include higher interest rates on loans, refused financing or lost business relationships. Courts are also increasingly awarding compensation for non-material damage – for instance, for the distress caused by an unjustified refusal to let a flat. For businesses, Section 824 of the German Civil Code (BGB) provides an additional claim for credit risk if a false assertion of fact damages a business’s reputation.
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This information does not constitute legal advice in individual cases.
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