Registration in the External Referral Register (EVR) of Stichting CIS can have major consequences. You get refused for new insurances, banks can terminate accounts and a mortgage request can get stuck. Yet banks and insurers often automatically put people in the EVR for 8 years, while according to the Protocol Incident Warning System Financial Institutions (PIFI) and the line of KiFiD they can’t just do that. In many cases the registration can be removed or at least shortened.

At Arslan Lawyers we assist clients who have been wrongly or too heavily registered. We can often recover the costs from the financial institution, so our help is effectively free for you.

What is an EVR registration?

The EVR is an external warning register that is managed by Stichting CIS. Almost all Dutch banks, insurers and other financial institutions consult this register. If a single institution enters you, other institutions also see it. Consequence: you often get automatically rejected.

The PIFI states that an EVR registration may last a maximum of 8 years. That does not mean that you must always stay registered for 8 years. 8 years is an upper limit, not a standard.

No automatic term of 8 years

KiFiD has emphasized several times that financial institutions should not register for 8 years without thinking. They should first look at:

• the nature and severity of the incident;

• the degree of culpability (intent or unconscious);

• your personal circumstances (age, profession, family);

• your own explanation/point of view.

Only then the duration can be determined. In lighter cases, the term must be shortened, for example to 5 or 6 years. A registration of 8 years is only appropriate for real serious, demonstrable fraud.

When is 8 years allowed?

The maximum duration of 8 years is especially intended for serious cases: conscious fraud, repeated fraud, organized fraud or situations where the financial sector demonstrably needs to be protected. Even then, the institution must explain why 8 years is necessary in your case.

EVR with money mules: not a standard 8 years

For alleged “money mules,” banks used to go straight to 8 years. That is not allowed anymore. It must be looked at:

• your exact role;

• whether you were under pressure;

• whether you were young/inexperienced;

• whether there are mitigating circumstances.

If your role is limited or not clearly culpable, then the term must be shortened. Only with conscious and active participation can the 8 years remain in effect.

On which rules should a bank or insurer base itself?

An EVR registration must always fit within:

• the Protocol Incident Warning System Financial Institutions (PIFI)

• the GDPR (proportionality and subsidiarity)

• the Behavior Code Processing Personal Data Financial Institutions

• the WWFT (obligation to investigate unusual transactions)

If there is a lack of hearing and arguendo, a concrete motivation for the duration is lacking, or if the measure is heavier than necessary, then the registration may be unlawful and therefore can be removed.

Effects of an EVR registration

• you get rejected for insurance;

• mortgages and loans are not provided;

• existing products/accounts can be terminated;

• you can actually be financially excluded.

Because the consequences are so great, the financial institution must prove that this measure is really necessary and that a lighter measure (for example only an internal registration) was not sufficient.

Not cooperating with information requests

Banks and insurers have a duty under the WWFT to investigate unusual transactions. If you do not cooperate at all, that can itself be a reason to terminate the relationship and even to impose an EVR registration. Therefore, cooperate in principle, but preferably after consulting a lawyer so you do not declare more than necessary.

Step-by-step plan: how to remove or shorten an EVR registration

1. Request file and registration data
Ask the bank/insurer and Stichting CIS when you have been registered, on what ground and with what duration. You have a right to access.

2. Have the legality tested
Have a specialized lawyer assess whether the registration complies with the PIFI, whether there has been hearing and counter-hearing and whether the chosen duration has been motivated.

3. Submit a motivated objection
Submit a written objection and request removal or shortening of the term. Rely on proportionality (GDPR), your personal circumstances and the fixed line that 8 years is not automatic.

4. Submit complaint to KiFiD
If the institution refuses, you can go to KiFiD. Also see:
Submitting complaints to KiFiD – your rights and step-by-step plan

5. Procedure at the court
If that does not offer a solution, the registration can be removed or shortened via the civil court.

The role of a lawyer

Financial institutions have specialized departments that know exactly how to underpin a registration. Therefore, without professional help, it is often difficult to get an EVR registration removed.

Arslan Lawyers will help you with:

• requesting and analyzing the file;

• testing legality and proportionality;

• drafting a strong objection;

• conducting a KiFiD procedure;

• conducting a procedure at the court.

If you suffer damage because you are wrongly in the EVR (for example because you cannot get a mortgage), we can often recover the costs of legal assistance from the institution. This means our help is usually free of charge for you in practice.

Frequently asked questions about EVR registrations

Can I always get an EVR registration removed?
Not always. In cases of real fraud, the registration often remains. But if the bank has not made a balance of interests, has not conducted hearing and counter-hearing or has just given 8 years, then removal or shortening is often possible.

How long does an EVR registration remain?
A maximum of 8 years. But 8 years should not be used as a standard. The duration must match the severity.

What if my account was abused by someone else?
Then the bank has to prove that you still acted culpably (for example by giving your pass or login). If that does not work, the registration can be scrapped.

What does legal aid cost?
In many cases, we can recover the costs from the financial institution. Then our service is effectively free for you.

Immediate help needed?
Contact Arslan Lawyers.