Who hasn't experienced this? A Schufa entry can have a significant impact on your creditworthiness and restrict your financial freedom. But what if this entry is wrongly made? This is exactly what happened to a customer of a mobile phone provider, and the Federal Court of Justice (BGH) has now ruled that she is entitled to compensation. The case shows how important it is not to stand idly by when data processing errors occur.
The case: Schufa entry despite unanswered questions
In this case, the customer had extended her mobile phone contract at more favorable conditions, but revoked it shortly afterwards. The company still issued several invoices, which she did not pay - on the grounds that the contract was still valid. After the dispute over the bills went on for months, the provider reported the customer to Schufa. But that wasn't all: although the claim had not yet been resolved, the woman's Schufa entry remained for a whole two years until it was finally deleted.
BGH protects the right to data protection
The BGH confirmed that the company had breached the General Data Protection Regulation (GDPR) by reporting the customer to Schufa prematurely. Such a report may only be made if the claim is legally unambiguous. In this case, however, it was still disputed, which the BGH judged to be a serious breach of data protection law. The customer not only suffered considerable financial disadvantages as a result, but was also stigmatized as "unable" or "unwilling" to pay.
Compensation: 500 euros as compensation
Although the woman had originally demanded higher compensation of 6,000 euros, the court ruled that 500 euros was sufficient compensation. This sum should be credited to the woman for the immaterial damage and the disadvantage suffered as a result of the unlawful Schufa entry. However, the BGH also stated that the outcome of the case was not influenced by the error of the Court of Appeal, which had wrongly taken into account a punitive or deterrent function in the amount of damages. The 500 euros should therefore be deemed appropriate even without this error.
A look at the practice: What does this mean for you?
What does this ruling mean for you? It clearly shows that companies need to be more careful when handling your personal data. As a consumer, you have rights, particularly in the area of Schufa entries - even if a dispute with a provider has not yet been decided. If you discover that your Schufa data has been wrongly negatively charged, you have the right to compensation. This not only gives you compensation, but also protects your rights to privacy and correct data processing.
The 500 euros in compensation may seem "reasonable", but the question remains: How much value does a person's reputation have if an unjustified claim is made that they are insolvent? An error in data processing can have catastrophic consequences for those affected - and not just financially. Perhaps significantly higher compensation would be necessary to compensate for the true immaterial damage. But the real scandal remains: How many people never find out that they have been disadvantaged by erroneous Schufa entries?
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