Compensation for unjustified registration can be crucial for anyone who has been wrongfully included in a register and as a result suffers financial or non-material damage. In this article we discuss what an unjustified registration entails, which registers exist, how you are entitled to compensation and what legal steps you can take. Arslan & Arslan Advocaten provides expert guidance in recovering damage caused by unjustified registrations.
What does unjustified registration mean?
An unjustified registration means that your data have been entered incorrectly, incompletely or without a valid reason in a public or private register. This may concern, for example, negative listings with the Bureau Krediet Registratie (BKR), the Centraal Informatie Systeem (CIS), or other incident registers. Such a registration often leads to adverse consequences, such as refusal 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 or a breach of privacy legislation, which gives a right to compensation.
The concept of ‘unjustified registration’ covers various scenarios, such as an administrative error (for example, a loan wrongly recorded as unpaid), outdated information that was not updated in time, or data included without consent or a legal basis, which constitutes a serious infringement of your privacy.
One example is someone who, after bankruptcy, has a negative BKR registration while having fully met payment obligations. If not corrected in time, this can lead to refusal of a mortgage or loan. This person can then claim compensation.
Nor should the impact on the private sphere be underestimated. An unjustified registration can cause stress, damage trust in financial institutions and create problems when entering into consumer contracts, such as a mobile phone subscription. That is why it is important to check your registration data and take action immediately in case of inaccuracies.
Different types of unjustified registrations
There are various registers in which you may be listed unjustifiably. The most common are:
- BKR registration: A central credit register where loans, credit facilities and payment arrears are recorded. An unjustified BKR registration can seriously damage your creditworthiness. See our step-by-step plan for removal for more information. For example, when a loan is wrongly recorded as ‘unpaid’ or when a registration remains after the retention period.
- CIS registration: This register is used mainly in the insurance sector. Incorrect data can lead to refusal of insurance or higher premiums. Read our specialist blog. For example, unjustified fraud registrations that make it more difficult to take out car insurance or increase premiums.
- EVR registration: The Extern Verwijzingsregister combats fraud. Unjustified registrations can limit your business opportunities. See our blog on removing an EVR registration. This can occur if you are wrongly registered as a fraud risk, which can mean exclusion from contracts or financing.
- Incident registers: Sectors such as telecom and finance maintain incident registers. Unjustified registrations can hinder the conclusion of contracts. More information in our blog about the incident register. For example, an unjustified registration due to alleged non-payment with a telecom provider.
Each register has its own legal basis and procedures for correction or removal. It is important first to establish in which register you are listed before claiming compensation.
Retention periods and objection procedures differ per register. BKR data are usually kept for a maximum of five years after repayment, while for CIS the period 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 unjustified registration
The basis for compensation for unjustified registration is found in the Civil Code (BW), in particular Article 6:162 BW on unlawful act. When a registration takes place without a legitimate basis and causes damage, the injured party can hold the responsible party liable.
Privacy rules also play an important role. The Algemene Verordening Gegevensbescherming (AVG) requires that personal data be processed accurately and carefully. An unjustified registration may constitute a breach of these rules, which also gives a right to compensation. The Autoriteit Persoonsgegevens (AP) monitors compliance.
Sometimes there is also non-performance or breach of contract, for example when a lender passes on data without good reason. This can give rise to additional claims.
The legal process starts with establishing liability: demonstrating that the registration was unlawful and directly led to 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 processing personal data. The AVG imposes strict requirements on accuracy, transparency and security of data. Non-compliance can lead to civil liability and fines by the AP.
Civil and privacy-law grounds are often combined, which gives the injured party a strong position. For example, an unjustified registration can constitute both an unlawful act and an AVG violation, opening up multiple legal routes.
How do you determine the extent of the damage?
Damage caused by an unjustified 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 listing;
- Additional costs for correction or removal;
- Delays in business agreements;
- Additional insurance premiums after an unjustified CIS registration;
- Missed 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 harm can have long-lasting negative consequences for personal and business relationships.
Collect all relevant documents and evidence to substantiate the damage, such as rejection letters, costs of legal assistance and statements regarding emotional stress or loss of reputation.
An experienced lawyer can help you assess and prove damage. Sometimes the involvement of experts, such as a financial expert or psychologist, is needed to properly substantiate the damage.
Act promptly, because the absence of a proactive approach can weaken your evidentiary position. From the moment of discovery, document all consequences and keep communications carefully.
Procedures and steps to obtain compensation
If you suspect an unjustified registration, first file a complaint with the responsible body or the register. Often the registration can then be corrected without going to court. Do this in writing and set a deadline for correction.
If this does not lead to a result, you can submit a formal claim for damages by means of a notice of default, in which you demand removal and compensation. Specification and substantiation of damage are essential here.
If there is no response, you can initiate court proceedings. Seek legal assistance for this. Our blog on legal routes highlights possible paths to remove registrations and recover damage.
Alternatives include mediation or complaints to supervisory authorities such as Autoriteit Persoonsgegevens or Kifid (kifid.nl). These options are often faster, cheaper and can lead to a compromise.
Be aware that procedures take time and energy. Communicate well with the parties involved, document all steps and keep an eye on deadlines to prevent limitation or rejection.
Practical tips regarding unjustified registration and compensation
- Check your data regularly: Request annual overviews from BKR or CIS to detect unjustified registrations at an early stage. This prevents surprises with loans or insurance.
- Keep all correspondence: Keep track of all communications with institutions carefully, including emails and letters, as evidence.
- Engage expert assistance: A specialist lawyer supports you with claims for damages and removal of unjustified registrations. Legal knowledge strengthens your position.
- Know your rights: Familiarise yourself with relevant laws and regulations such as the AVG and BW to identify and challenge unjustified registrations more quickly.
- Watch the deadlines: Statutory time limits apply to complaints and claims. Do not wait too long, because limitation can restrict your rights.
- Request written confirmation: When requesting removal or correction, always ask for confirmation. This strengthens your evidentiary 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 unjustified registration
The term compensation for unjustified registration is essential for anyone with an erroneous listing in a register. It underscores the right to compensation and the importance of legal action to remedy injustice.
At Arslan & Arslan Advocaten we advise clients and are committed to a fair solution.
Would you like to know more or do you have specific questions? Feel free to contact our experts. We will guide you from file assessment through to proceedings, if necessary.
Frequently asked questions
What is an unjustified registration?
An unjustified registration is the entry of incorrect, incomplete or unlawful data in a register, as a result of which someone is unfairly disadvantaged. This may, 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 an unjustified registration leads to demonstrable damage, such as financial disadvantages or reputational harm, and the responsible party is liable. You must demonstrate that the registration was unlawful and directly caused damage.
How can I have an unjustified registration removed?
You can submit a request for correction or removal to the registration holder. If this does not lead to a result, you can take legal action, possibly with a lawyer. See also our blog on removing a registration. Attach supporting documents and clearly explain why the registration is unjustified.
Read also
- Unjustified BKR registration: step-by-step plan for removal
- 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 unjustified registration and would you like to know whether you are entitled to compensation? Arslan & Arslan Advocaten is ready to assist you with expert legal support. Contact us for a free initial consultation and discover how we can help you protect your rights and recover damages.
Need help? Our BKR lawyer will be happy to assist you. Feel free to contact us for a free initial advice.
