Delete Schufa entry after payment
Deleting a Schufa entry after payment – your rights under the ECJ and the GDPR
You have paid off your debts – yet the negative Schufa entry remains. This damages your credit rating and prevents you from applying for loans, signing tenancy agreements and taking out mobile phone contracts. Since the ECJ ruling of 7 December 2023 (C-634/21), the previous three-year retention period has come under significant pressure. Under Article 17 of the GDPR, you have the right to erasure as soon as the entry is no longer necessary. We will review your case and ensure the entry is deleted – both from Schufa and the reporting company.
The three-year time limit and the ECJ judgment in Case C-634/21
Until now, Schufa retained negative entries for three years after the ‘resolved’ note – in accordance with the code of conduct for credit reference agencies and the former Section 35 of the Federal Data Protection Act (BDSG). This practice was regarded as sacrosanct for many years. The ECJ ruling of 7 December 2023 (Case C-634/21) has fundamentally changed the legal situation: private credit reference agencies may no longer store data for longer than the public register from which it originates. For insolvency entries, this means a maximum of six months. Courts are increasingly applying this logic to other types of entries as well.
When does the retention period begin? The ‘completed’ note as the decisive moment
The expiry period only begins once the creditor has reported the settlement to Schufa and the entry has been marked as ‘settled’. This is precisely where the biggest problem lies in practice: many creditors delay reporting the settlement – even though the debt has long since been paid. This pushes back the entire expiry period. Those affected must take action.
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Schufa Repayment Check
Check whether your Schufa entry can be deleted after payment – in just 5 questions.
Enforcing deletion – a step-by-step guide
Deleting a settled Schufa entry requires a structured approach. It is crucial to contact both Schufa and the reporting company at the same time – because Schufa invariably refers to the creditor as the source of the data, and the creditor refers to Schufa.
Request for deletion from Schufa and creditors
Submit a request for erasure under Article 17 of the GDPR simultaneously to Schufa and to the reporting company. Justify the request on the grounds that there is no longer a necessity for storage following repayment (Article 17(1)(a) of the GDPR) and that the balancing of interests under Article 6(1)(f) of the GDPR no longer applies. Refer to the ECJ judgment C-634/21. Set a deadline of 14 days and state that you will involve the data protection authority if the data is not deleted.
Complaint to the data protection authority and legal action
If Schufa refuses to delete the data, you are entitled to lodge a complaint with the relevant data protection authority (Article 77 of the GDPR). At the same time, you may bring an action before the civil court – seeking deletion and, where applicable, compensation under Article 82 of the GDPR. Data protection authorities have become significantly more active following the ECJ ruling. In many cases, a formal request from a solicitor referring to the ECJ ruling is sufficient to secure deletion.
Compensation and costs in the event of unlawful storage of data by Schufa
If your Schufa entry was retained for too long, or if its retention following repayment was unlawful, you are entitled to claim compensation under Article 82 of the GDPR. This covers both material damages (e.g. higher interest rates on loans, failure to secure accommodation) and non-material damages (impairment of quality of life).
Compensation under Article 82 of the GDPR
Article 82 of the GDPR grants an independent right to compensation for GDPR infringements. German courts are increasingly awarding damages in cases of unlawful Schufa data storage – particularly where specific disadvantages can be demonstrated. You should therefore document instances of loan refusals, housing rejections and failed contract conclusions. Even in the absence of specific material damage, compensation for non-material damage can amount to several thousand euros, depending on the severity and duration of the breach.
Legal fees and cost risk
Legal fees are determined in accordance with the Lawyers’ Fees Act (RVG) and the value of the claim. If you have legal expenses insurance covering private matters, the costs are usually covered. If you do not have legal expenses insurance, we will discuss the cost implications with you in advance in a transparent manner. As many cases are successfully resolved through out-of-court settlement, the costs often remain manageable. If the case is successful, the opposing party will bear your legal fees.
Frequently Asked Questions
Further information
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This information does not constitute legal advice in individual cases.
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