Schufa’s reaction – Our answer!

Schufa has now responded to the legal document for many of our customers. Have you received a rejection letter? We'll tell you what you can do.
Published by Patricia Lederer 08.01.2024 um 18:30 Uhr

The ruling against Schufa by the European Court of Justice on December 7, 2023 (case number C-634/21) has caused a major stir and represents a serious blow to Schufa.

This ruling also forms the basis for our legal document Schufa must delete your data. In the meantime, Schufa has sent many of our customers an answer that has caused uncertainty.

However, it is important not to let this unsettle you! We explain why below.

Serial letter from Schufa

From the feedback we have received so far from our customers who have received a rejection from Schufa, it is clear that this is a standard letter.

But is this letter meaningful? – No.

This is because Schufa does not address your individual claims from our legal document, nor does it address the key points of the European Court of Justice ruling, which is intended to strengthen the rights of both consumers and traders.

The letter repeatedly mentions “blanket” claims that are not given. Your right and claim are not blanket!

Your right to have your data deleted

You have the individual right to object to the processing of your data in accordance with the General Data Protection Regulation.

Schufa must therefore provide evidence that outweighs your individual right to erasure. If it does not, you are entitled to have your data deleted.

Your right to non-automated scoring

Schufa writes in its letter that the calculation and use of a score value is permissible.

However, this statement is only half the truth. Schufa already decides on your creditworthiness by creating this value fully automatically. However, this is only permitted under strict conditions.

Here too, the burden of proof lies with Schufa that these conditions are met. Otherwise, you are entitled to your individual injunctive relief!

Your right to access your stored data

Schufa will not respond to your request for a copy of your data. It offers to order a copy of your personal data.

However, this does not fulfill the actual requirement. It must provide you with the data!

As you can see, this reply suggests that you do not have the rights you are demanding in your letter.

What you can do now

If you have received this letter from Schufa, you should not be discouraged. The pressure against Schufa is great and will continue to grow.

Schufa naturally has the right to defend itself, and the form letter is the easiest way to block claims and individual demands.

However, you should not be satisfied with this and continue to insist on your individual right to have your data deleted and to refrain from scoring.

We have provided you with a follow-up document that emphatically substantiates your claim. Of course, we cannot give you any guarantee of success. However, the point is to assert and assert your rights.

You can find the document here: SCHUFA blocks – you insist on your right

Foto Patricia Lederer
Patricia Lederer
Author and managing director of PepperPapers

Patricia Lederer is a specialist lawyer for tax law, commercial and corporate law. Lederer specializes in national and international tax law and criminal tax law. She works in the areas of tax audits, tax investigations and represents clients in court proceedings before the tax courts nationwide, the Federal Fiscal Court, the Federal Constitutional Court and the European Court of Human Rights.
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