You have been acquitted, or the Public Prosecution Service has dropped your criminal case (dismissal). Even so, the bank or insurer keeps your EVR registration in place. Is that allowed? A criminal law decision can be a reason for removal, but it does not automatically lead to the same outcome in every case. Compare the decision with the facts on which the registration is based and ask for a reasoned reassessment.
Nederlands: Lees dit artikel in het Nederlands: EVR-registratie na vrijspraak of sepot: moet de bank of verzekeraar u verwijderen?
Türkçe: Bu makaleyi Türkçe okuyun: Beraat veya takipsizlik sonrası EVR kaydı: banka ya da sigortacı sizi silmek zorunda mı?
Responsible attorney: Onur Arslan, Arslan Advocaten. Content updated on 21 September 2026.
What does an EVR registration mean?
The External Reference Register (EVR) is a warning register for participating financial institutions. An entry can affect how an application for an account, insurance or financing is assessed. The EVR contains reference data and is linked to an incident register. It is something different from a negative BKR code (the Dutch credit registration bureau) for payment arrears.
First find out in which registers your data are recorded. Merely being told that you are registered is not enough to determine your position. A bank may, for example, also have made an internal registration. Read more about the differences between CIS, IVR and EVR.
What conditions apply to an EVR registration?
Since 1 April 2026, a new Protocol Incidentenwaarschuwingssysteem Financiële Instellingen has applied: PIFI 2026, the Dutch financial institutions’ incident warning protocol. The Dutch Banking Association explains this version. For older registrations, it must also be examined which rules applied when the data were recorded.
Under Article 5.2.1 PIFI, the conduct must affect the financial interests referred to or the integrity of the sector, involvement must be sufficiently established and registration must be proportionate. Article 5.3 requires removal once the conditions are no longer met. In principle, the protocol sets a maximum period of eight years from entry in the incident register, with a rule for new incidents. The duration must also be reviewed. See PIFI 2026.
Where criminal personal data are concerned, a mere suspicion is not enough. The institution must substantiate concrete facts that support the required, more serious suspicion. A criminal conviction is not necessary for this. See Kifid 2024-0150, paragraphs 3.10 to 3.12 (Kifid is the Dutch Financial Services Complaints Tribunal). However, this does not mean that an institution can set aside a later acquittal or dismissal without assessing its substance.
What can an acquittal mean?
First establish exactly which offence you were acquitted of. Does the registration concern the same conduct, the same period and the same involvement? Did the criminal court assess the reliability of an important piece of evidence? And does the institution rely on data that were also examined in the criminal case?
| Criminal law outcome | What it means for the registration |
|---|---|
| Acquittal | The court found the offence not proven; the institution must explain what its own assessment is then still based on |
| Dismissal for insufficient evidence | Directly affects the factual basis of the registration |
| Dismissal on other grounds | Says less about the facts; the registration may be maintained |
| Registration is based on facts other than those in the criminal case | Ask which facts these are and how they were established |
In Kifid 2019-319, a bank had to remove the registrations in the EVR and the incident register following an acquittal. The bank had not argued that the criminal case concerned a different set of facts. That ruling illustrates why the comparison between the criminal case and the registration file can be decisive. It concerns an individual case, assessed under the rules applicable at the time.
So do not simply state in your request that you were acquitted. Where possible, enclose the judgment, the indictment and the relevant reasoning. If the judgment was only given orally, ask what record of it is available. Also state whether the decision is final or whether an appeal or other legal remedy is still pending.
How do you compare the criminal case with the registration file?
Set the allegation in the registration letter alongside the indictment or description in the criminal case. Note the transactions, dates, documents and persons to which both files relate. Sometimes the institution uses a broad term such as fraud, while the criminal case examined one specific act. The mere fact that the same words are used does not make the files identical.
Also consider the reason why involvement was not found proven. Did a document prove unreliable, is there no evidence of your actions, or does the dispute concern a particular element of a criminal offence? That distinction helps answer the question of what basis the institution still has. Ask it to identify specifically which remaining facts it relies on and why it considers them sufficient.
What can a dismissal mean?
With a dismissal, the reason is what matters most. The fact that the Public Prosecution Service is not prosecuting does not, in itself, tell you why. Request the full dismissal letter and have it assessed what the reasoning says about the evidence, your involvement and the set of facts on which the bank or insurer relies.
The explanatory notes to PIFI 2026 state that registration after a dismissal may remain permissible if the criteria for entry are met. When a request is made following the dismissal, the institution must carry out a new balancing of interests. A reference to the original decision is therefore not a substitute for that renewed assessment.
In Kifid 2024-0150, registrations were maintained after a decision to dismiss the case, which the committee discusses as a conditional dismissal. Kifid assessed the bank’s specific data; it had not been established that the Public Prosecution Service had the same data. The existence of a dismissal was therefore not decisive in that file.
A dismissal for insufficient evidence and a dismissal for other reasons
Read the Public Prosecution Service’s reasoning in full. A decision that finds the available evidence insufficient has a different meaning from a decision in which prosecution is waived for another reason. Any conditions and the reservation regarding new facts may also be relevant. A mere statement that the case has been closed often provides too little information for a targeted removal request.
If necessary, ask your criminal defence lawyer to obtain the further documents available. Then have it explained what conclusion you draw from them for your registration. If the institution claims to have more information than the Public Prosecution Service, ask what that information is and whether you can respond to it. This avoids a discussion in which the parties are each talking about a different file.
What if the registration relates to a money mule investigation?
In an investigation into possible misuse of a bank account, the question of your personal involvement is important. Map out who had access to your bank card, codes, phone and banking app, and which notifications you received. Keep messages in which you, for example, reported misuse or asked for an explanation of an unknown transaction.
A general reference to identity fraud or pressure from a third party requires substantiation that fits what actually happened. Do not fill in missing facts to make an explanation sound more plausible. Your statement in the criminal case, your correspondence with the bank and technical data must be carefully compared with one another. This makes it clear which findings you dispute and what further investigation could resolve that dispute.
Which questions must the institution answer?
A targeted request makes clear which part of the registration you dispute. Ask the bank or insurer to answer the following points:
- What specific conduct is the basis for the registration, and what evidence supports it?
- How does the acquittal or dismissal decision relate to that conduct and that evidence?
- Why would the registration conditions still be met after the criminal law decision?
- Which current interests were weighed, and why is the remaining registration period necessary?
- What assessment was made for each separate register in which your data are recorded?
A subject access request can help you understand the personal data used and the reasoning. The right of access is not automatically a right to every internal document in unedited form. If access is refused, ask for a specific explanation and have it assessed whether that restriction is justified.
Also raise the duration and consequences
You can dispute the basis of the registration and, in addition, in case that basis is upheld, ask for the period to be shortened. Make clear what consequences you actually experience. Think of a written refusal of insurance, a financing problem or specific obstacles in your work. Enclose relevant documents and explain the link with the registration.
Also describe what has changed since the incident. A general statement that the registration is inconvenient does not sufficiently show why your particular situation should be weighed differently. Moreover, do not leave a period of eight years unchallenged simply because the letter presents it as standard.
Insurance or a mortgage refused because of the EVR registration
Ask the party that turned you down for a written explanation. You need to be able to tell whether the problem is caused by an EVR reference, a BKR code, an internal registration or another acceptance criterion. An oral statement that you are on a register is not enough for that analysis.
Keep the application, the refusal and any correspondence about alternatives. When requesting a shorter period, explain what specific product or service you need and why. If it concerns business insurance, also describe what the refusal means for your work. A presumed future problem carries different weight from a demonstrable current obstacle. The institution must, however, always be able to explain itself why its registration remains justified.
Must internal registrations also be removed?
Expressly ask for a separate decision on the EVR, the incident register and any internal registers. A decision on the EVR does not automatically answer every question about other processing of data. For the internal processing of criminal personal data, it is likewise not the case that any suspicion is sufficient; statutory requirements apply there too. That distinction is discussed in Kifid 2024-0150.
If you are told that only the external reference has been removed, ask what remains internally, for what purpose and for how long. See also our explanation of the IVR at banks.
What can you do if your request is refused?
After a refusal, a complaint to Kifid or court proceedings may come into consideration. Which route is possible and sensible depends on the institution, your request and the circumstances. Have the applicable time limits assessed straight away. For certain GDPR decisions, a time limit of six weeks after receipt may apply to a petition under the UAVG (the Dutch GDPR Implementation Act). Discussions about a reassessment do not automatically protect such a time limit. See Article 35 UAVG.
How do you make a request for removal or shortening complete?
Start with the registration letter and add the criminal law decision. Indicate which parts of it relate to the original suspicion. Then set out your personal interest and state whether you are asking primarily for removal and, in the alternative, for the period to be shortened. Ask for a separate decision for each register and each measure you dispute.
Enclose a list of attachments with a brief explanation. A dismissal letter proves that a dismissal took place; a refusal from an insurer supports a different point, namely the consequences. By keeping these functions clear, you allow the institution to respond in a more targeted way. Keep proof of sending and note the date on which you receive a decision, so that you can prepare any next steps in good time.
What should you check if the bank agrees to removal?
Ask for written confirmation stating the registers concerned and the date of processing. If only the EVR entry is removed, it is not yet clear what happens to the underlying incident data and internal references. Where processing continues, ask about the purpose, the legal basis and the retention period.
Also check whether other decisions still have consequences. Think of the termination of the banking relationship, an outstanding claim or investigation costs that have been claimed from you. A commitment regarding personal data does not automatically mean that those disputes have been resolved. If a new application is refused again after removal, ask for the current reason. This prevents you from wrongly assuming that the old registration is still the cause.
The reason for the dismissal or acquittal matters
Request the full decision and the relevant reasoning. A dismissal can have various reasons. An acquittal may relate to the evidence for a specific criminal offence. That is not automatically the same question as whether processing in a financial register is lawful.
Put the outcome to the institution that made the registration and ask which specific facts it believes still provide sufficient grounds. The institution must be able to explain its own conditions and balancing of interests. Conversely, an earlier suspicion does not automatically make the registration permanently justified after new exculpatory information emerges.
Read also about the burden of proof and shortening or removal.
Practical example: one decision, several registers
Suppose that, after a dismissal, an insurer removes the external reference but writes that the file will be kept internally. In that case, do not only ask whether you have been removed from the EVR, but also which data remain recorded internally, for what purpose and until when. The confirmation about the external register does not automatically answer that. Also record whether the insurance claim, investigation costs or termination of the policy are still in dispute. This is an illustrative case scenario; it does not describe a result achieved by our firm.
If the registration arises from a theft claim, the refusal after car theft may also need to be examined separately. A request concerning personal data is no substitute for a claim to an insurance payout.
Frequently asked questions
Does the institution have to wait until my criminal case has been concluded?
A conviction is not a general condition for registration. The institution must, however, be able to justify the registration independently. A police report alone is not sufficient for this.
Is an acquittal the same as a dismissal?
No. An acquittal is a ruling by the criminal court; a dismissal is a decision by the Public Prosecution Service not to prosecute or not to continue prosecuting. What it means for your registration therefore requires an assessment of the decision in question.
Will my insurance be reinstated after removal from the EVR?
That does not automatically follow from removal. Termination of a policy, a refused payout and registration are separate matters. In your request, also state which other decisions you want to have reviewed.
Will my EVR registration disappear automatically if the Public Prosecution Service dismisses the case?
No. The dismissal decision must be taken into account in the assessment on its merits. Ask for a reassessment and explain what the reasoning means for the registered conduct. The institution must still satisfy the applicable registration conditions; the original decision alone does not address new relevant information.
Is a dismissal for insufficient evidence enough for removal?
It can be an important argument, but the outcome depends on the file. Examine, among other things, whether the Public Prosecution Service and the institution assessed the same facts and evidence. Ask why the institution considers your involvement sufficiently established despite the dismissal.
Can an EVR registration last less than eight years?
Yes. The duration must be justified in the individual circumstances. Support a request for a shorter period with the passage of time and concrete consequences. Shortening is a different outcome from a finding that there were insufficient grounds for registration from the outset.
Is a CIS registration the same as an EVR registration?
No. Ask what type of registration has been made, by whom and for what purpose. The name of a system or organisation does not tell you exactly which data are being processed. Therefore direct your objection at the specific entry and ask for an assessment per register.
Can I see my EVR registration on my BKR overview?
A BKR overview is not a complete overview of financial warning registers. Request information from the institution that made the EVR registration. The absence of a negative BKR code does not rule out an EVR or internal registration.
Is the bank not filing a police report the same as insufficient evidence?
No. Whether or not a police report is filed and the evidential basis for registration are separate questions. Ask why no police report was filed and which specific facts the institution relies on as the basis for the registration.
Can I claim compensation for a wrongful registration?
That must be assessed separately. Removal does not automatically result in compensation. Substantiate what loss you have suffered, how it relates to the unlawful processing and which legal basis applies. For example, keep evidence of additional costs and the correspondence that shows the cause.
Have your EVR registration reviewed after an acquittal or dismissal
Arslan Advocaten can compare your criminal law decision with the reasons given for the registration. We discuss the options for reassessment, removal or shortening. Have the registration letter, the acquittal or dismissal letter and earlier correspondence to hand. Read more about removing an EVR registration or contact us.
Further reading on this topic
- When is a CIS registration permitted?
- Compensation for a wrongful registration
- Removing a registration: legal routes that work
