In general, it must be said that Schufa entries can only be deleted if they have been entered unlawfully. It must also be said: Schufa is not bad per se, but helps to reduce the risk of payment default of the contractual partner. Nevertheless, we are always happy to help our clients to clear their Schufa, because many entries are incorrect and therefore illegal.
The deletion of Schufa entries can result in a considerably noticeable improvement in the lives of those affected. If you can’t get a new cell phone contract or open a checking account, it’s already very stressful. However, it is even worse when it comes to housing issues. Perhaps a family is forced to move into a larger apartment. With bad Schufa this is often an impossibility. Despite regular and sufficient income, the move is denied. Financing does not come about.
If financing has to be rescheduled, there is even the threat of losing the property. Particularly dangerous are entries that have been legally registered but never enforced. In these cases, the affected parties often do not even know that an entry exists. If a debt rescheduling or partial financing is now carried out unsuspectingly, the rude awakening comes.
Data Protection Regulation (DSGVO) – Why is Schufa allowed to store my data?
The DSGVO regulates the data processing of personal data within the European Union. With the DSGVO, the legal jungle of the member states of the European Union was unified.
Schufa relies, among other things, on Article 6 of the DSGVO for the storage of consumer data. Thus, Article 6 (1) (a) states that “the data subject has given his consent to the processing of personal data concerning him for one or more specific purposes”. That consumers consent to processing is often the case. Thus, many are probably familiar with the conclusion of a contract also to get a consent to the processing of data presented to Schufa and in most cases also sign. In addition, Schufa refers to Article 6 (1) f) DSGVO. This article allows the processing of data “for the purposes of the legitimate interests of the controller or a third party”.
Article 21 – Objection based on the specific situation
Article 21 of the GDPR specifies the right to object to the processing of personal data. Thus, “the data subject (…) has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f)” Article 21(1), first sentence, GDPR. The extent to which a special situation exists must be weighed individually. It is important to note that the interests of the data subject must outweigh the interests of Schufa.
Valentin Markus Schulte
Economist / Stud.jur.
Law Office Dr. Thomas Schulte
Maltese Street 170/172
Phone: 030 221922020