You usually notice a negative BKR code only when something important is at stake: a loan is refused, a mortgage stalls, or a provider will not enter into a subscription with you. On this page you will read what such a code means in practice, who is allowed to see it, when it is unjustified or disproportionate, and which route to follow in that case.
Short answer
A negative code is not a statutory ban on credit: under the regulations, the data from the CKI are expressly one of the aids in the assessment. What a provider does with them is up to that provider. A code can be corrected if it is factually incorrect, and erased if it is correct but affects you disproportionately. That latter right has been settled since the Dutch Supreme Court held on 3 December 2021 that a BKR registration is assessed against Article 6(1)(f) GDPR.
Which negative codes exist?
Two things sit side by side: an arrears report (the A) and the speciality codes 1 to 5, which state what happened after the arrears. There is also the recovery report (H). They are summarised below; the full explanation, with reporting periods, combinations such as A2 and A3 and the credit types, is in BKR codes explained: A, A1 to A5 and H.
| Code | What happened |
|---|---|
| A | Arrears report: one or more instalments were not paid on time |
| 1 | A repayment arrangement was made after a situation of arrears arose |
| 2 | The lender demanded payment of the remainder or of the entire claim |
| 3 | An amount of € 250 or more has been written off |
| 4 | The consumer is or was unreachable |
| 5 | A written preventive payment arrangement of at least four months has been agreed for a mortgage credit |
| H | Recovery report: the arrears were cleared while the agreement continues |
Two misconceptions are persistent. Code 2 does not mean that the credit has been terminated: demanding payment is not the same as terminating, and the end of the agreement only appears from a reported actual end date. And code 3 does not mean that you owe nothing further: writing off is an administrative act. Only in the case of final discharge is the termination with an actual end date reported together with code 3; if that end date is missing, the claim continues to exist and may still be collected or have been assigned.
A recovery report does not erase the earlier code. It does reset the clock: for a current agreement the five years run from the registration date of the recovery report, and if nothing new has been reported since, the entire agreement is removed from the system. See the BKR recovery code: when and how.
What a negative code means in practice
The consequences differ considerably per situation. What counts is not only which code is recorded, but also how old it is, whether a recovery report accompanies it, and what your current financial position is.
Loans, credit cards and car finance
A credit provider must participate in a credit registration system and must consult that system before granting credit of more than € 250. It must then assess whether the lending is responsible, in view of over-indebtedness. The regulations expressly add that the CKI data are an aid in that process and that the provider must take your full financial position into account. In practice, current arrears often lead to a refusal, whereas an old, recovered report frequently does not. There is no fixed outcome: acceptance policy differs per provider.
Mortgage
With a mortgage application, codes generally weigh more heavily, because large amounts and long terms are involved. Even so, there is no statutory ban here either. The difference between a completed, recovered registration and current arrears without a recovery report is often decisive. What is and is not possible is set out in a mortgage with a BKR registration.
Subscriptions, leasing and renting
There is a misconception here. Not everyone can simply look into your registration: only the business clients affiliated with the BKR Foundation may consult the CKI, and only where they are considering entering into an agreement with you or are managing their portfolio. Telecom providers and leasing companies often are affiliated – a phone paid in instalments and an operational car lease are themselves registered as well. Landlords generally are not; they sometimes ask whether you are willing to produce an overview of your registration yourself. That is something other than consulting, and you decide whether to cooperate.
Several codes at once
Where there are several reports, with one or with different credits, the overall picture weighs more heavily than a single code. So assess them one by one: it regularly happens that some were registered unjustifiably while others were not. Each report also has its own registration date and therefore its own expiry date. Having the incorrect reports corrected improves your profile, even if some codes remain.
Business credit and joint and several liability
Entrepreneurs sometimes acquire a registration in their own name through a business obligation: a business credit (ZK) or a business other financial obligation (ZO), for instance on the basis of a surety or joint and several liability for a company. Such a report is only made after you have been personally requested to pay and have failed to pay within the stated period. With a surety, the lender is moreover obliged to send an advance notice. Read more in a business loan with a negative BKR registration.
BKR alongside other registers
The CKI of the BKR Foundation concerns credits and payment arrears. In addition there are the Central Information System (CIS) and the External Referral Register (EVR) of financial institutions; those concern incidents, such as suspicions of fraud. You may appear in more than one register, and the approach then differs per register.
How long does a negative code stay on record?
The main rule is five years, but the starting point differs per situation. For a completed agreement the five years run from the actual end date, except for reports predating a recovery report: those disappear five years after the registration date of the recovery report. For a current agreement with a current recovery report, five years after that recovery report likewise applies. If a current agreement carries arrears without a recovery report, no automatic removal follows after five years, but an assessment by the lender. The full overview per situation is in BKR codes explained; if the credit has been repaid, read a BKR registration after repayment.
These periods are not an absolute limit. If a registration that is justified in itself proves disproportionate after a careful balancing of interests, it may and must be removed earlier – according to the regulations themselves as well.
When is a negative code unjustified or disproportionate?
There are two distinct grounds, and it pays to keep them apart. They call for a different account and different evidence.
1. The report is factually incorrect. For instance:
- The arrears were reported before the period for your credit type had expired (for example two months for instalment credit, three months for revolving credit).
- You received no written advance notice, or the lender cannot prove that it was sent. It must warn you before a threatened arrears report and point out the consequences.
- Your payments were not allocated to the oldest instalment due, making the arrears appear to have lasted longer.
- The arrears were cleared during the term, but the recovery report is missing. It should be made within 21 days.
- The registration date or the actual end date is incorrect; that easily costs you months or years.
- The underlying claim is disputed, or the amount does not add up.
2. The report is correct, but affects you disproportionately. This calls for a balancing of interests: your interest in removal against the purpose of the registration. On 3 December 2021 the Dutch Supreme Court held that a registration in the CKI is not based on a legal obligation, but must be assessed against the legitimate interest of Article 6(1)(f) GDPR, and that you therefore have both the right to erasure (Article 17 GDPR) and the right to object (Article 21 GDPR) (ECLI:NL:HR:2021:1814). Proportionality and subsidiarity apply: the interference with your interests must not be disproportionate to the purpose, and that purpose must not reasonably be achievable in a way less prejudicial to you (Supreme Court, 9 September 2011, ECLI:NL:HR:2011:BQ8097). You must, however, substantiate those specific circumstances concretely: merely saying “I cannot get a mortgage” is not enough.
The regulations follow suit: a lender may only remove a registration in the case of an unjustified registration, a justified registration that proves disproportionate after a careful balancing of interests, or a ruling by a court or a competent disputes committee.
How to have a code corrected or removed
- First request your overview. Without the exact codes, registration dates and end dates you cannot substantiate anything. See requesting your BKR registration.
- Address your request to the lender that made the report. Only that lender can amend the data; the BKR Foundation does not assess the substance of the data supplied. State as specifically as possible what is wrong (rectification) or why the registration affects you disproportionately (objection, erasure), and enclose supporting documents.
- If you are refused, you can lodge a complaint with Kifid (for credit providers covered by the Financial Supervision Act), with the Private Lease Disputes Committee, with the municipality that registered the debt assistance, or with the Dutch Data Protection Authority.
- You may also go to court. Which procedure is the most promising and the quickest depends on your situation and on whether the matter is urgent, for instance because a mortgage offer is about to expire.
The step-by-step guide to the content of such a request is in an unjustified BKR registration: step-by-step guide to removal and in our main article on removing or correcting a BKR registration.
In the meantime, keep all correspondence from your lender. Whether you received an advance notice is often the pivot of the case, and the burden of proof for that lies with the lender.
Frequently asked questions
Is a negative BKR code always a ground for refusal?
No. A credit provider must consult the CKI before granting credit of more than € 250, but the regulations expressly provide that the data obtained are only one of the aids in the assessment and that the provider must take your full financial position into account. So there is no statutory ban on granting you credit. What happens with a code depends on the provider’s acceptance policy, on the code itself, on the date and on your current situation.
Who is allowed to see my BKR registration?
Only the business clients affiliated with the BKR Foundation may consult the CKI, and only in the cases set out in the regulations: where they are considering concluding an agreement with you, for portfolio management, when opening a payment account with payment facilities, and in the context of debt assistance. They must in principle retain the data obtained for twelve months. A landlord or an employer is generally not affiliated and therefore cannot request your registration; someone may, however, ask you to produce an overview yourself, and that is your decision.
Will my code disappear automatically after five years?
Usually, but not always, and the starting point differs. For a completed agreement, five years after the actual end date applies, unless the report predates a recovery report: then five years after the registration date of that recovery report. For a current agreement with arrears but no recovery report, no automatic removal follows after five years, but an assessment by the lender. So always check the registration date per report rather than relying on the date of the loan itself.
Does a recovery code erase the negative code?
No. The recovery report (H) is placed alongside the earlier report and shows that you cleared the arrears while the agreement continued. It does determine from which moment the five-year period starts to run. If nothing new has been reported after the recovery report on a negatively registered current agreement, the entire agreement is ultimately removed from the CKI.
Can a justified code still be removed?
Yes, if it proves disproportionate after a careful balancing of interests. On 3 December 2021 the Dutch Supreme Court held that a BKR registration is assessed against Article 6(1)(f) GDPR and that you have the right to object and the right to erasure. Proportionality and subsidiarity apply. The General Regulations CKI likewise permit removal of a justified registration that proves disproportionate. You must, however, substantiate those specific circumstances concretely with documents.
What if the lender sent no advance notice?
That is a strong argument against the arrears report. Where arrears threaten to arise, the lender must warn you in writing in advance that non-payment will lead to a report to the BKR Foundation, and point out the consequences. It must be able to prove that it was sent, with a copy of the message or a printout from its system. So expressly ask for that evidence in your request. Note: this advance notice does not apply to the registration of a speciality code.
I have several codes. Where do I start?
Assess each report separately on registration date, code and substantiation, and start with the report that is most obstructing your current application or that has the weakest substantiation. It often happens that some reports are factually incorrect while others are justified. Every corrected report improves your overview, even if some codes remain.
Read also
- BKR codes explained: A, A1 to A5 and H
- Unjustified BKR registration: step-by-step guide
- The BKR recovery code
- A mortgage with a BKR registration
Sources
The description of the codes, the reporting periods, the retention periods and the rules on consultation are taken from the General Regulations CKI of the BKR Foundation (version of 1 July 2024). The duty of consultation and duty of care of credit providers follows from Articles 4:32 and 4:34 of the Dutch Financial Supervision Act and Article 114 of the Decree on Conduct of Business Supervision of Financial Undertakings. For the assessment of a registration under the GDPR, the judgments of the Dutch Supreme Court of 3 December 2021, ECLI:NL:HR:2021:1814, and of 9 September 2011, ECLI:NL:HR:2011:BQ8097, have been taken as the basis.
Legally reviewed by Onur Arslan, attorney at Arslan Advocaten. Reviewed on 13 September 2026.
What you can do about a negative code
A negative code is not a dead end. Whether correction or removal stands a chance depends on the data in your file and on your circumstances. Contact us without obligation to have your registration assessed.
