Having a CIS registration removed is necessary for many people when they unexpectedly encounter problems taking out insurance. A CIS registration may lead to refusal by insurers or termination of existing policies. In this comprehensive article you will read what a CIS registration is, when it is entered, which legal rules apply, and how you can legally pursue the removal of a CIS registration.
What is a CIS registration?
A CIS registration is an entry in the Central Information System of Stichting CIS. Insurers use this system to share data on claims, incidents and possible fraud indicators. The aim is to limit risks and combat insurance fraud.
An entry does not automatically mean that fraud has been proven. In practice, we regularly see a registration being entered on the basis of a suspicion or a difference of opinion between the insured and the insurer. Precisely in those situations, having a CIS registration removed may be appropriate.
What is the difference between a CIS registration and an EVR registration?
A CIS registration is sometimes combined with an entry in the External Referral Register (Extern Verwijzingsregister, EVR). An EVR registration generally has more severe consequences. If you would like to read more about that topic, we refer you to our article on Removal of an EVR registration.
The legal assessment framework is similar: proportionality, subsidiarity and due care must also be assessed for a CIS registration. That offers scope to successfully compel the removal of a CIS registration where the entry is unjustified.
What are the consequences of a CIS registration?
The consequences of a CIS registration can be far-reaching:
- Refusal of new property or liability insurance
- Termination of existing insurance policies
- Higher premiums or restrictive terms and conditions
- Difficulties in taking out a mortgage or business insurance
Insurers use internal risk models. An entry may result in you being designated as a higher risk. It is therefore crucial to investigate in good time whether removal of a CIS registration is possible.
When may an insurer enter a CIS registration?
An insurer may not proceed to registration lightly. The entry must comply with:
- The General Data Protection Regulation (GDPR; in Dutch: Algemene verordening gegevensbescherming, AVG)
- The Protocol Incidentenwaarschuwingssysteem Financiële Instellingen (industry protocol for the incident warning system for financial institutions)
- The principles of proportionality and subsidiarity
- The principle of careful decision-making (zorgvuldigheid)
In concrete terms, this means there must be a sufficiently serious suspicion, based on objective facts and circumstances. A mere disagreement about the extent of damage is insufficient.
Where such substantiation is lacking, the removal of a CIS registration can be sought through legal action.
How do you know whether you are registered?
You have a right of access to your personal data under the GDPR (Algemene verordening gegevensbescherming, AVG). You can submit an access request to Stichting CIS. In addition, you can request your complete file from the insurer involved.
Only after obtaining access can it be assessed whether removal of a CIS registration is promising.
The legal assessment framework for removing a CIS registration
Proportionality
The measure must be proportionate to the alleged conduct. If the suspicion is limited or debatable, registration may be disproportionate.
Subsidiarity
Is a less intrusive measure possible? For example, a warning or additional questions? If so, registration may be too severe.
Sufficient evidence
The insurer must have concrete facts. Mere suspicions or assumptions are insufficient. In proceedings concerning the removal of a CIS registration, the burden of proof lies to a significant extent with the insurer.
Careful balancing of interests
There must be a concrete balancing of the interest in combating fraud and your personal interests, such as access to financial services.
Step-by-step plan for removing a CIS registration
Step 1: Request the complete file
Request all internal notes, investigation reports and correspondence.
Step 2: Legal analysis
Assess whether the suspicion is sufficiently substantiated and whether the balancing of interests has been carried out correctly.
Step 3: Written objection
Submit a reasoned request for removal. Substantiate why removal of a CIS registration is justified.
Step 4: Complaint or legal proceedings
If the insurer refuses, proceedings can be initiated before the civil court. In urgent cases, a kort geding (summary proceedings) may be considered.
A well-substantiated strategy significantly increases the chance of success in having a CIS registration removed.
Evidentiary issues and limitation (verjaring)
Registrations may not continue indefinitely. Depending on the nature of the incident, maximum retention periods apply. In addition, the passage of time can play a role in the proportionality assessment.
When, over time, the evidence proves insufficiently concrete, that may provide an additional ground for removing a CIS registration.
Case example 1
A client reported fire damage. The insurer asserted that prior damage had not been disclosed on the application and recorded this as misrepresentation. File review showed that the prior damage had been fully repaired and was not subject to a duty of disclosure. After objection, the entry was withdrawn. In this case, removal of the CIS registration proved possible because the factual basis was lacking.
Case example 2
In another case, a claim was partly rejected due to alleged inconsistencies in statements. The insurer entered a registration. In the proceedings it emerged that the alleged inconsistencies were readily explainable. The court held that registration went too far. Here too, that led to successful removal of the CIS registration.
Strategic considerations
- Do not provide extensive statements without legal advice
- Always request the insurer’s reasoning in writing
- Check whether the principle of hearing both sides (hoor en wederhoor) was applied
- Examine whether less intrusive measures were possible
A strategic approach is crucial when seeking removal of a CIS registration.
Related topics
- Remove a BKR registration
- Insurance law attorney
- Objection against insurer
- Disputes with insurers
- Initiating civil proceedings
Costs of legal assistance
In many cases clients qualify for publicly funded legal aid via the Legal Aid Board (Raad voor Rechtsbijstand). This means that our services are often free of charge if your income falls below the statutory threshold. You then pay only a limited personal contribution. We assess in advance whether you qualify for this.
Conclusion: Removing a CIS registration requires a tailored approach
A CIS registration can have a major impact on your financial position and insurability. Nevertheless, removal of a CIS registration is regularly possible where the entry is unjustified, insufficiently substantiated or disproportionate. A careful legal analysis and a well-reasoned request are essential.
Would you like to know whether removal of a CIS registration is feasible in your situation? If so, you can contact us for an assessment of your file.
Read also
- EVR registration: when is it unlawful and how can you have it removed?
- Unjustified BKR registration removal via KiFiD – how it works
- BKR registration explained: the complete basic guide from Arslan Advocaten
Frequently asked questions
How do I know whether I am registered in the CIS system?
You can ask Stichting CIS whether you are registered in the system. This is free of charge and you have the right to access the data stored about you.
Can I have a CIS registration removed if it was entered unjustifiably?
Yes, if the registration was entered unjustifiably, you can take legal action to have it removed. It is important to show that there was no sufficient basis for the registration.
What are the main legal criteria for entering a CIS registration?
A CIS registration must be based on a serious suspicion, supported by objective facts and circumstances, and comply with the principles of proportionality, subsidiarity and due care.
What are the consequences if my CIS registration is not removed?
The registration may lead to refusal of new insurance, termination of existing policies, higher premiums and difficulties in taking out, for example, a mortgage or business insurance.
