Compensation for an incorrect registration can be crucial for anyone who is wrongly listed in a register and therefore suffers financial or non-material damage. In this article we discuss what an incorrect registration entails, which registers exist, how you are entitled to compensation and which legal steps you can take. Arslan & Arslan Advocaten offers expert guidance in recovering damages caused by incorrect registrations.
What does an incorrect registration mean?
An incorrect registration means that your data has been recorded incorrectly, incompletely or without valid reason in a public or private register. This can, for example, concern negative entries at the Bureau Krediet Registratie (BKR), the Centraal Informatie Systeem (CIS), or other incident registers. Such a registration often leads to adverse consequences, such as denial of credit, higher interest rates or reputational damage.
Registrations limit risks for parties, but must be carried out correctly and lawfully. If that is not the case, there may be an unlawful act (onrechtmatige daad) or a breach of privacy legislation, which gives rise to a claim for compensation.
The concept ‘incorrect registration’ includes various scenarios, such as an administrative error (for example a loan incorrectly registered as unpaid), outdated information that has not been updated in time, or data recorded without consent or legal basis, which constitutes a serious infringement of your privacy.
An example is someone who, after bankruptcy, has a negative BKR registration while they have fully met payment obligations. If not corrected in time, this can result in refusal of a mortgage or loan. That person can then claim compensation.
The impact on personal privacy should not be underestimated. An incorrect registration can cause stress, undermine trust in financial institutions and cause problems when entering into consumer contracts, such as a mobile phone subscription. Therefore it is important to check your registration details and take immediate action in case of inaccuracies.
Different types of incorrect registrations
There are various registers in which you can be incorrectly listed. The most common are:
- BKR registration: A central credit register where loans, credits and payment arrears are recorded. An incorrect BKR registration can seriously affect your creditworthiness. See our step-by-step removal plan for more information. For example when a loan is incorrectly recorded as ‘unpaid’ or when a registration remains after the retention period has expired.
- CIS registration: This register is primarily used in the insurance sector. Incorrect data can lead to refusal of insurance or higher premiums. Read our specialist blog. For example incorrect fraud registrations that make obtaining car insurance difficult or increase premiums.
- EVR registration: The External Referral Register (Extern Verwijzingsregister) combats fraud. Incorrect registrations can limit your business opportunities. See our blog on removing an EVR registration. This can occur if you are incorrectly registered as a fraud risk, which can mean exclusion from contracts or financing.
- Incident registers: Sectors such as telecom and finance maintain incident registers. Incorrect registrations can hinder contract formation. More information in our blog about the incident register. For example an incorrect registration for alleged non-payment at a telecom provider.
Each register has its own legal basis and procedures for correction or removal. It is important to first determine in which register you are listed before claiming compensation.
Retention periods and objection procedures differ per register. BKR data are usually retained for a maximum of five years after repayment, while the term for CIS varies per registration. It is crucial to know the rules of the relevant register and to act promptly in case of inaccuracies.
Legal basis for compensation for an incorrect registration
The basis for compensation for an incorrect registration can be found in the Dutch Civil Code (Burgerlijk Wetboek, BW), in particular article 6:162 BW on unlawful acts (onrechtmatige daad). When a registration takes place without lawful ground and causes damage, the injured party can claim liability.
Privacy rules also play an important role. The General Data Protection Regulation (GDPR) (Algemene Verordening Gegevensbescherming, AVG) requires that personal data be processed accurately and with care. An incorrect registration can be a violation of these rules, which also gives rise to a claim for compensation. The Dutch Data Protection Authority (Autoriteit Persoonsgegevens, AP) supervises compliance.
Sometimes there is also a case of non-performance or breach of contract, for example if a credit provider transmits data without justified reason. This can give rise to additional claims.
The legal procedure starts with establishing liability: demonstrating that the registration was incorrect and directly caused damage. This may be shown by the absence of a legal basis, failure to follow procedures, or failure to correct errors after notification.
An important aspect is the duty of care in the processing of personal data. The AVG imposes strict requirements on accuracy, transparency and security of data. Non-compliance can lead to civil liability and fines imposed by the AP.
Often civil law and data protection grounds are combined, which gives the injured party a strong position. Thus an incorrect registration can be both a tort (onrechtmatige daad) and an AVG violation, opening multiple legal routes.
How do you determine the extent of the damage?
Damage caused by an incorrect registration can be material and non-material. Material damage includes, among other things:
- Lost income due to a refused loan;
- Higher interest costs due to a negative notation;
- Additional costs for correction or removal;
- Delays in business agreements;
- Extra insurance premiums after an incorrect CIS registration;
- Lost business opportunities due to exclusion from the EVR register.
Non-material damage concerns reputational harm, stress and emotional burden. Although difficult to quantify, compensation can also be sought for this. Reputational damage can have long-term negative consequences for personal and business relationships.
Collect all relevant documents and evidence to substantiate the damage, such as rejection letters, costs for legal assistance and statements about emotional stress or reputational loss.
An experienced lawyer can help you estimate and prove the damage. Sometimes the involvement of experts, such as a financial expert or psychologist, is necessary to properly substantiate the damage.
Act quickly, because a lack of a proactive approach can weaken the evidential position. Document all consequences from the moment of discovery and keep communication carefully.
Procedures and steps to obtain compensation
If you suspect an incorrect registration, you should first file a complaint with the responsible authority or the register. Often the registration can be corrected without going to court. Do this in writing and set a deadline for correction.
If this does not lead to results, you can file a formal claim via a notice of default (ingebrekestelling), in which you demand removal and compensation. Specification and substantiation of the damage are essential here.
If there is no response, you can initiate proceedings before the court. Seek legal assistance for this. Our blog on legal routes highlights possible paths to remove registrations and recover damages.
Alternatives are mediation or complaints to supervisory authorities such as the Dutch Data Protection Authority or Kifid (kifid.nl). These options are often faster, cheaper and can lead to a compromise.
Be aware that procedures require time and energy. Communicate well with involved parties, document all steps and observe deadlines to prevent limitation or dismissal of claims.
Practical tips for incorrect registration and compensation
- Check your data regularly: Request annual overviews from BKR or CIS to detect incorrect registrations early. This prevents surprises when applying for loans or insurance.
- Keep all correspondence: Keep all communication with institutions, including emails and letters, as evidence.
- Obtain expert assistance: A specialised lawyer supports you with damage claims and removal of incorrect registrations. Legal expertise strengthens your position.
- Know your rights: Familiarise yourself with relevant legislation such as the AVG and the BW to more quickly recognise and contest incorrect registrations.
- Watch the deadlines: Statutory time limits apply for complaints and claims. Do not wait too long, as limitation (verjaring) can restrict your rights.
- Request written confirmation: When requesting removal or correction always ask for confirmation in writing. This strengthens your evidential position.
- Be patient but persistent: Correction can take a long time. Follow up regularly and do not be discouraged by delays.
The focus keyphrase: compensation for incorrect registration
The term compensation for incorrect registration is essential for anyone with an erroneous entry in a register. It emphasizes the right to compensation and the importance of legal action to correct the wrong.
At Arslan & Arslan Advocaten we advise clients and strive for a fair solution.
Would you like to know more or do you have specific questions? Please feel free to contact our experts. We guide you from file review to proceedings, if necessary.
Frequently Asked Questions
What is an incorrect registration?
An incorrect registration is the recording of inaccurate, incomplete or unlawful data in a register, causing someone to be wrongfully disadvantaged. This can, for example, be the result of administrative errors, outdated data or the absence of a legal basis.
When am I entitled to compensation?
You are entitled to compensation when demonstrable damage arises from an incorrect registration, such as financial losses or reputational harm, and the responsible party is liable. You must show that the registration was incorrect and directly caused the damage.
How can I have an incorrect registration removed?
You can submit a request for correction or removal to the registration holder. If this does not lead to results, you can take legal action, possibly with a lawyer. See also our blog on removing a registration. Include evidence and clearly explain why the registration is incorrect.
See also
- Incorrect BKR registration: step-by-step removal plan
- Removing an EVR registration: what are your rights?
- CIS registration: what is it and how do you remove it?
Need help?
Are you dealing with an incorrect registration and would you like to know if you are entitled to compensation? Arslan & Arslan Advocaten is ready to assist you with expert legal assistance. Contact us for a free initial consultation and find out how we can help protect your rights and recover damages.
Need help? Our BKR lawyer is happy to assist you further. Contact us without obligation for a free first consultation.
