Banks and insurers keep the Incidentenregister internally. They record incidents relevant to the integrity of the financial sector. A registration in the Incidentenregister can have far-reaching consequences for your relationship with the financial institution and in some cases even lead to a stricter registration in the Extern
Verwijzingsregister. In this article you will read how you end up in the Incidentenregister, what the consequences are and which options you have to contest an incorrect registration.
What is the Incidentenregister? The Incidentenregister is part of the Centraal Informatiesysteem (Central Information System) that is managed by Stichting CIS. Each financial institution connected to the CIS maintains its own Incidentenregister. Unlike the Extern Verwijzingsregister (External Referral Register, EVR), which is shared among all participating institutions, the Incidentenregister is in principle only accessible to the institution that made the registration.
The Incidentenregister is intended to record incidents that the financial institution considers relevant for protecting its interests and the integrity of its services. The register functions as an internal memory. The institution can use it to record signals and weigh them in future decisions.
How do you end up in the Incidentenregister? There are various situations that can lead a financial institution to register you in the Incidentenregister.
Suspected fraud or irregularities
The most common reason is a suspicion of fraud or irregularities. If a bank or insurer sees signs of potentially fraudulent conduct, such as a suspicious claim, forged documents or unusual transactions, this may lead to a registration in the Incidentenregister. A registration can also be made on the basis of a suspicion, even if fraud has not yet been proven.
Breach of policy terms or contractual obligations
Failure to meet contractual obligations can also lead to a registration. For insurers this may involve breach of the duty of disclosure, refusal to cooperate with a claims investigation or violation of preventive obligations in the policy. For banks it can concern breaching the terms of your account or failing to comply with agreements on the use of banking services.
Involvement in criminal offences
If you become involved in criminal offences related to your financial products, this can lead to a registration. Think of making your bank account available for criminal transactions, involvement in money laundering activities or committing identity fraud. In serious cases a registration in the Incidentenregister can be followed by a registration in the EVR.
Unusual claim patterns
For insurers an unusual pattern of claims may prompt a registration in the
Incidentenregister. If you submit several suspicious claims within a short period or if your claims behaviour differs from what is customary, the insurer may record this as an incident. This does not necessarily mean you have committed fraud, but the signal is recorded for possible future investigation.
Difference with the Extern Verwijzingsregister
The distinction between the Incidentenregister and the Extern Verwijzingsregister is crucial. The Incidentenregister is internal and only accessible to the institution that placed the registration. The EVR is external and shared with all participating financial institutions. The threshold for registration in the EVR is higher than for the Incidentenregister because the consequences are more far-reaching.
However, a registration in the Incidentenregister can serve as a stepping stone to a later EVR registration. If further investigation reveals more serious facts, the financial institution may decide to escalate the registration to the EVR. Therefore, take a registration in the Incidentenregister seriously and contest it where necessary.
Consequences of a registration in the Incidentenregister
Although the consequences of a registration in the Incidentenregister are less far-reaching than those of an EVR registration, they should not be underestimated.
Increased monitoring
Following the registration the financial institution may subject your account or policy to increased monitoring. This can include extra checks on transactions, additional questions when submitting claims, or a stricter assessment when you request changes to your financial products.
Influence on future decisions
The registration is taken into account in the institution’s future decisions. If you want to take out a new product with the same institution, the registration may be a reason to reject your application or to impose additional conditions.
Possible stepping stone to EVR registration
As stated earlier, a registration in the Incidentenregister can be the prelude to an
EVR registration. If the investigation uncovers further irregularities, the institution may decide to register you in the EVR, with all the resulting consequences for your financial options at all connected institutions.
Your rights when registered
Your rights when registered in the Incidentenregister
Even with a registration in the Incidentenregister you, as the data subject, have rights that protect your position. You have the right to information about the registration, the right to access the recorded data under the AVG (the Dutch implementation of the GDPR) and the right to rectification or deletion if the registration is incorrect or unlawful.
The financial institution is obliged to inform you about the registration. In practice this duty to inform is not always adequately fulfilled. If you only discover that you have been registered after a long time, this can be an additional ground to contest the registration.
Contesting a registration
Contesting a registration in the Incidentenregister The process for contesting a registration in the Incidentenregister follows the same steps as contesting other registrations. You can object to the financial institution, file a complaint with Kifid (the Financial Services Complaints Tribunal) or start proceedings in court. Substantiate your objection well and explain why the registration is incorrect or disproportionate.
Although the Incidentenregister is internal and the direct consequences are more limited than with the EVR, it is still advisable to contest an incorrect registration. After all, the registration may at any time lead to further measures, including escalation to the EVR. By acting promptly you can prevent the situation from escalating.
Act early
The importance of acting early Acting early is particularly important for registrations in the Incidentenregister. The longer a registration remains in place, the harder it can be to have it removed. Moreover, a registration that is not contested may be regarded by the financial institution as confirmation of its accuracy. By responding quickly to a registration you show that you dispute it and that you are actively asserting your rights.
Privacy and the AVG
Privacy aspects of the Incidentenregister The Incidentenregister contains personal data processed for fraud prevention and integrity management. The processing of this data is subject to the rules of the AVG (the Dutch implementation of the GDPR). The financial institution must have a legitimate interest in the processing and the processing must be necessary and proportionate. If you believe that the processing of your personal data in the Incidentenregister does not meet the requirements of the AVG, you can file a complaint with the Autoriteit Persoonsgegevens (the Dutch Data Protection Authority).
In addition, under the AVG you have the right to object to the processing of your personal data. The financial institution must assess your objection and may only continue processing if it can demonstrate that its interests outweigh yours. This privacy-based remedy can be an effective supplement to other legal routes available to contest the registration.
Internal and external investigations
Difference between an internal and external investigation A registration in the Incidentenregister can result from either an internal or an external investigation. In an internal investigation the financial institution investigates the incident itself using its own staff or departments. In an external investigation a private investigation firm or other external investigator is engaged. The way the investigation was conducted can affect the lawfulness of the registration.
If the investigation was not conducted carefully, if the conclusions are not supported by the facts, or if the investigation violated the privacy of the data subject, this may provide grounds to contest the registration. Request access to the investigation file and critically assess the findings. A lawyer can help you by legally assessing the investigation results and exposing any shortcomings.
Consequences for specific professional groups
For certain professional groups a registration in the Incidentenregister can be particularly disruptive. People working in the financial sector, for government roles or in other positions where a
Verklaring Omtrent het Gedrag (VOG, Certificate of Conduct) is required may encounter problems with their employer or in obtaining a VOG as a result of a registration. Although the Incidentenregister is not formally consulted when issuing a VOG, a subsequent report or criminal investigation following the incident may have consequences. For these professional groups it is particularly important to quickly contest an incorrect registration.
State-subsidised legal aid
If your income is limited you may be eligible for state-subsidised legal aid via the Raad voor Rechtsbijstand (Legal Aid Council). With a legal aid grant you only pay a contribution and the remaining lawyer’s fees are covered by the state. This makes professional legal assistance accessible even if your own financial resources are limited.
Have your registration reviewed by a specialist
A registration in the Incidentenregister deserves serious attention, even if the direct consequences are more limited than with the EVR. A specialised lawyer can assess whether the registration is justified, whether the correct procedures were followed and whether there are grounds to have the registration removed. Are you registered in the Incidentenregister of a bank or insurer? Contact us for a no-obligation assessment of your situation. We advise you on your rights and the options to challenge the registration.
Also read
- EVR registration: difference with CIS
- CIS registration at banks
- Removing a registration: legal routes
- Insurance law lawyer
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