Have your Schufa entry deleted
Having a Schufa entry removed – your rights under the GDPR
A negative Schufa entry can prevent you from obtaining loans, signing tenancy agreements or taking out mobile phone contracts. Under Article 17 of the GDPR, you have the right to erasure if personal data has been stored unlawfully, the legal basis for storage no longer applies, or retention periods have expired. The ECJ ruling in Case C-634/21 significantly strengthens this right. We review your Schufa entries, identify vulnerable areas and enforce their deletion with Schufa and the reporting agencies.
When must Schufa delete an entry? The legal basis
Article 17 of the GDPR gives data subjects the right to have their personal data erased. Schufa must remove an entry if the data is no longer necessary for the original purpose, consent has been withdrawn, the processing is unlawful, or a legal obligation requires erasure. However, Schufa may invoke exceptions under Article 17(3) of the GDPR, for example to assert legal claims. A thorough examination of each individual case is therefore crucial.
Identifying and challenging incorrect Schufa entries
Not every negative Schufa entry is lawful. In practice, there are often entries that have been reported without a sufficient legal basis, are based on incorrect data, or do not meet the formal requirements for reporting. Anyone who identifies an unauthorised entry may request its deletion and, in certain circumstances, claim compensation under Article 82 of the GDPR. Each entry must be examined individually – there are no blanket negative criteria.
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Deletion Check
Check whether your Schufa entry can be deleted.
The process of cancellation – step by step
The process for removing a Schufa entry follows a clear procedure: first, you obtain an overview by requesting a free self-disclosure report under Article 15 of the GDPR. Incorrect or unauthorised entries are then identified, and a request for deletion is submitted to Schufa and the reporting body. If Schufa fails to respond or rejects the request, you can escalate the matter by lodging a complaint with the data protection authority or bringing legal action.
Request for information and request for deletion
First, request your free copy of your data from Schufa in accordance with Article 15 of the GDPR (available free of charge once a year via meineschufa.de). Check each entry for accuracy, currency and legal basis. Any incorrect entries identified should then be challenged by submitting a request for erasure under Article 17 of the GDPR to Schufa and, in parallel, to the reporting company. The request should specify the particular entry, state the grounds for erasure and set a deadline. Schufa must respond within one month (Article 12(3) of the GDPR).
Ombudsman, Data Protection Authority and legal action
Lehnt die Schufa die Löschung ab, können Sie den Schufa-Ombudsmann anrufen – das Verfahren ist kostenlos, die Entscheidung allerdings nicht bindend. Wirksamer ist eine Beschwerde bei der zuständigen Data protectionaufsichtsbehörde (für die Schufa: der Hessische Data protectionbeauftragte), die ein Prüfverfahren einleiten kann. Führt auch das nicht zum Erfolg, bleibt die Klage vor dem Zivilgericht auf Löschung, Berichtigung und gegebenenfalls Schadensersatz. Ein im Data protectionrecht erfahrener Anwalt kann Sie in jeder dieser Stufen wirksam unterstützen.
Costs, deadlines and legal protection
The costs of having a Schufa entry removed through legal action depend on the individual case. In the event of an out-of-court settlement, legal fees are charged in accordance with the RVG; if legal action is taken, court costs are added. In many cases, legal expenses insurance covers the costs in full. The time limits are crucial: claims for deletion are subject to the standard three-year limitation period under Section 195 of the German Civil Code (BGB), as are claims for damages under Article 82 of the GDPR.
Legal fees and cost risk
Out-of-court representation in a deletion request costs between €300 and €1,500 under the German Lawyers’ Fees Act (RVG), depending on the value of the claim. Many cases can be resolved out of court. In the event of legal proceedings, the value of the claim is based on the financial interest in the deletion – often between €5,000 and €10,000. With legal expenses insurance covering IT/data protection law or general civil law, you will usually only be liable for the excess. We will clarify the cover confirmation before taking on the case.
An overview of retention periods and limitation periods
Until now, the rule of thumb was that negative entries were deleted three years after the matter was settled (to the day). Following the ECJ ruling in Case C-634/21, this period has been reduced to six months for insolvency entries – with implications for other types of entries. Contract data (credit accounts, current contracts) is generally deleted three years after the end of the contract. Credit enquiries are removed after twelve months. Important: These time limits do not constitute a grace period for Schufa – if there is a valid reason for deletion, the right to deletion arises immediately, regardless of the standard retention period.
Frequently Asked Questions
Further information
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This information does not constitute legal advice in individual cases.
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