An EVR registration can have major consequences. You cannot get a mortgage, take out a loan, and sometimes you can’t even open a new bank account. Many people think that an EVR registration is “always justified”. That is not legally correct. In this blog we explain when an EVR registration is unlawful and how you can have it removed.
What is an EVR registration?
EVR stands for External Referral Register. Banks and insurers record here individuals who, in their view, have been involved in fraud, deception, or other irregularities. An EVR registration is not a criminal conviction, but in practice it does have far-reaching consequences.
In contrast to a registration with BKR Foundation an EVR registration is often:
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less transparent
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harder to view
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greater impact
When is an EVR registration unlawful?
A bank or insurer may not simply register. Legally, there is a strict assessment framework. In practice, we see that this is often violated.
1. Insufficient evidence of fraud
A suspicion or internal conclusion is not sufficient. There must be:
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concrete facts
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objective evidence
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demonstrable involvement
An administrative error, ambiguity or mistake is not fraud.
2. No proportionality
The measure must be proportionate to the alleged conduct.
For example:
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a minor administrative error
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a one-time lapse of attention
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no financial disadvantage for the bank
👉 In such cases, an EVR registration disproportionate.
3. Subsidiarity violated
The bank must choose the least intrusive measure.
Often there are alternatives, such as:
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internal warning
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correction of data
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temporary internal registration
Is the most severe measure deployed immediately? Then that is legally problematic.
4. Violation of the GDPR
An EVR registration is a serious processing of personal data. The GDPR requires, among other things:
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careful balancing of interests
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clear justification
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appropriate retention period
In many files, this substantiation is completely missing.
How can you have an EVR registration removed?
Step 1: Obtain access and the file
You are entitled to:
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access to the registration
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the underlying justification
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the duration and legal basis
Without this information, you cannot defend yourself.
Step 2: Submit a legal objection
A good objection includes:
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legal assessment (GDPR, proportionality, subsidiarity)
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rebuttal of the fraud allegation
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evidence of personal consequences (mortgage, business, work)
A standard letter is almost never sufficient.
Step 3: Legal proceedings if necessary
Does the bank continue to refuse? Then a judge can:
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have the registration removed
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compel the bank to correct
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award damages
In practice, we see that banks regularly to backtrack on their position as soon as they are legally challenged.
Common misconceptions about EVR registrations
❌ “A bank is always allowed to do this”
❌ “Fraud does not need to be proven”
❌ “After a few years it disappears on its own”
✔️ In reality, the following apply strict legal requirements and removal is often possible.
Why timely legal advice is important
The longer an EVR registration remains:
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the greater the financial damage
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the harder recovery becomes
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the more opportunities are lost
Early action significantly increases the chance of success.
Conclusion: an EVR registration is not untouchable
An EVR registration has a major impact, but is often unlawful. Banks and insurers make mistakes, use evidentiary thresholds that are too low, or go overboard in their measures.
Are you unsure about your EVR registration? Have it legally reviewed. In many cases, removal or correction can be enforced.
