Are you dealing with an unjust CIS registration and want to know what your rights are? A registration in the database of Stichting CIS can have far-reaching consequences for your financial and personal life. It can mean that you cannot take out a new insurance policy, a mortgage is refused, or that you face higher premiums. In many cases, however, such a registration is unjustified or disproportionate.
At Arslan & Arslan Attorneys we understand how distressing this can be and we are ready to help you remove this obstacle. In this article we explain in detail what a CIS registration entails, when it may be considered unjust, and which steps you can take to have it successfully removed. We provide a clear action plan and explain how a specialised lawyer can support you in this complex legal process.
It is crucial that you do not sit back but actively defend your rights to regain your financial freedom.
What exactly is a CIS registration?
Stichting Centraal Informatie Systeem (CIS) manages a national database in which insurers and authorised agents record important information about consumers and businesses. The primary purpose of this database is to control risks and prevent insurance fraud. When you file a claim, are involved in an accident, or have payment arrears, this can be registered in the CIS register. Although this system is intended to safeguard the integrity of the financial sector, consumers are unfortunately regularly registered unjustly or on incorrect grounds. Such a CIS registration can haunt you for years and hinder you in daily life, for example when you want to insure a car or apply for a loan. It is a misconception that only fraudsters end up in this register; even a simple administrative error or a dispute about the cause of damage can lead to a registration. Therefore, it is crucial to be vigilant and check whether your data have been processed correctly.
When is a CIS registration unjust?
A CIS registration is not automatically justified or permanent. There are various situations in which a registration can be considered unjust or disproportionate. This is the case, for example, when the insurer based the registration on incorrect or incomplete facts. It can also occur that the registration is based on correct facts but that the duration of the registration (often up to eight years) is unreasonably burdensome in your specific situation. Moreover, insurers must adhere to strict rules and procedures when placing a registration, as laid down in the Protocol Incidentenwaarschuwingssysteem Financiële Instellingen (PIFI). If the insurer did not strictly comply with these rules, for example by failing to inform you in advance or by applying insufficient right of reply, the registration can be successfully challenged and removed. After all, you are entitled to a careful procedure and a fair opportunity to present your side of the story before measures are taken that affect your financial future.
How can you remove an unjust CIS registration?
The process to remove an unjust CIS registration is often complex and requires legal expertise. The first step is to request your data from Stichting CIS to find out exactly who placed the registration and on what grounds. Next, you must submit a reasoned request for removal or correction to the relevant insurer or financial institution. In this request you must convincingly argue why the registration is unjust or why your personal interests outweigh the insurer’s interest in maintaining the registration. If the insurer refuses to remove the registration, you can take further legal steps. This may include filing a complaint with the Financial Services Complaints Tribunal (Kifid) or bringing the case before the competent court via rechtspraak.nl. It is advisable to be assisted by an experienced lawyer in this process, as insurers often stick to their decision and legal procedures can be very detailed.
The role of Kifid and the court
If you cannot reach an agreement with the insurer, Kifid offers an accessible and often faster procedure to resolve disputes about CIS registrations. Kifid assesses whether the insurer has complied with the applicable laws and regulations, including the General Data Protection Regulation (GDPR) and the PIFI protocol. Kifid’s rulings are binding in many cases, provided both parties have agreed to this in advance. If the Kifid procedure does not lead to the desired result, or if the case is not suitable for Kifid, going to the civil court is the next option. A specialised lawyer can advise you on the best strategy and represent you in these proceedings to undo the unjust registration. The court will make an independent assessment of all facts and circumstances and can order the insurer to remove the registration immediately, possibly reinforced with a penalty to ensure compliance.
Difference between a regular registration and an EVR registration
Within the CIS register there are different types of registrations, of which placement in the Externe Verwijzingsregister (EVR) is the most severe. An EVR registration is placed when there is (a suspicion of) fraud or intentional deception. This registration is not only visible to the registering insurer, but to all participating financial institutions in the Netherlands. The consequences of an EVR registration are therefore very serious: you are effectively boycotted by the entire financial sector. Precisely because of these heavy consequences, the case law places very high demands on the evidence an insurer must provide before making an EVR registration. If you face such a registration, it is crucial to obtain immediate legal assistance. We can verify whether the insurer has met this high burden of proof and, if necessary, take immediate action to defend your interests and challenge the registration.
The importance of balancing interests
A crucial element in challenging a CIS registration is the proportionality test or balancing of interests. Even if an insurer initially had the right to place a registration, continuing to maintain it can become unlawful over time. The court or Kifid will weigh your personal interests (such as the need to insure a car for work or to obtain a mortgage) against the financial sector’s interest in warning about risks. If, for example, you can demonstrate that you have reformed your behaviour, reimbursed the financial damage, or that the registration disproportionately burdens you, this can lead to early removal or shortening of the registration period. A well-substantiated request prepared by an experienced lawyer significantly increases your chances of success. We ensure that your personal circumstances are presented clearly and convincingly so the court or the complaints committee can make a well-considered decision in your favour.
The impact of a CIS registration on your mortgage application
One of the most disruptive consequences of a CIS registration is the obstacle it poses when applying for a mortgage. Many people only discover they are registered when they want to buy their dream home and the mortgage application is unexpectedly rejected. Mortgage lenders are very reluctant to grant loans to people with a negative registration, especially when it concerns an EVR registration. They view this as an increased risk. It is therefore essential to check whether you are registered before committing to a property purchase. If this is the case, a specialised lawyer can help you submit an urgent request for removal so that your mortgage application can still be completed successfully. Do not wait until the last minute, as legal procedures take time and you do not want to run into problems with the dissolution conditions in your purchase contract.
Why choose Arslan & Arslan Attorneys?
Challenging a CIS registration is bespoke work. The lawyers at Arslan & Arslan Attorneys have years of experience and in-depth knowledge of insurance law and privacy law. We know exactly which arguments are effective and how to conduct procedures with insurers, Kifid and the courts. We provide an honest assessment of your chances and guide you step by step through the entire process. Our goal is to take your legal worries off your hands and ensure you can move forward with a clean slate. Do not accept a rejection from your insurer; have your case assessed by a specialist who knows the intricacies of the field and is fully committed to your interests. We have successfully assisted many clients in similar cases and always strive for the best possible result for you.
Frequently asked questions
Can I request my CIS registration myself?
Yes, under the GDPR you have the right to access your own data. You can submit an access request via the website of Stichting CIS. Within a few weeks you will receive an overview of any registrations under your name, including the reason and the registering party. It is sensible to study this overview carefully and seek legal advice immediately if anything is unclear.
How long does a CIS registration remain?
The retention period depends on the type of registration. A regular claim registration is usually kept for a maximum of five years. A registration in the External Referral Register (EVR) due to fraud can, however, be visible to all financial institutions for up to eight years. In some cases this period can be successfully challenged, especially if the consequences for you are disproportionately severe.
What does legal assistance cost to remove a registration?
Costs vary depending on the complexity of your case and the procedures required. In many cases we can give you a clear estimate of the expected costs in advance. You may also be eligible for state-funded legal aid (a ‘toevoeging’) or your case may be covered by your legal expenses insurance. We always discuss the financial aspects transparently with you during the first consultation.
Also read
- CIS registration: what is it and how do you remove it?
- EVR registration: difference with CIS explained
- Incident register: how do you end up in it and what can you do?
Need help?
Do you have an unjust or obstructive CIS registration and want to know your legal options? The specialists at Arslan & Arslan Attorneys are ready to help. Contact us for a free initial consultation via https://arslan.nl/contact/ and find out how we can help you have your registration removed successfully.
Need help? Our BKR lawyer is happy to assist. Contact us without obligation for a free initial consultation.
