1. Home
  2. News
  3. BGH confirms claim for damages for incorrect SCHUFA entries
  • Data Protection

BGH confirms claim for damages for incorrect SCHUFA entries

If a mobile phone company mistakenly enters a customer's SCHUFA entry due to alleged but non-existent payment arrears, the customer can claim non-material damages under the GDPR. This was confirmed by the Federal Court of Justice (BGH) in a case in which a customer's SCHUFA entry was only deleted after around 10 months, although the company established after just 10 days that the requirements for such an entry were not met.

The customer, who was even temporarily refused a loan by her bank as a result of the SCHUFA entry, then demanded non-material damages of 6,000 euros. In the lower courts, however, she was only awarded compensation of 500 euros. The customer appealed against this decision to the BGH, but was unsuccessful. The BGH considered the compensation of 500 euros to be appropriate and emphasized that the claim for non-material damages primarily has a compensatory function and does not serve as a punishment.

In the context of this decision, the case law of the European Court of Justice (ECJ) on non-material damages is important. The ECJ has clarified that:

- Plaintiffs bear the responsibility to demonstrate damages in concrete terms and to sufficiently specify immaterial damages.

- The mere fear of misuse of personal data can constitute compensable non-material damage, whereby it must be proven in each individual case that this fear is justified.

- The concept of damage does not include a materiality threshold or de minimis limit, meaning that even minor damage is eligible for compensation.

- The amount of compensation is a matter for the national courts, which must observe the principles of equivalence and effectiveness of EU law.

- Damages have no deterrent or punitive function.

- A purely hypothetical risk of data misuse is not sufficient to claim damages; rather, individual prejudice must be demonstrated.

Source: www.haufe.de

About Cookies

This website uses cookies. Those have two functions: On the one hand they are providing basic functionality for this website. On the other hand they allow us to improve our content for you by saving and analyzing anonymized user data. You can redraw your consent to to using these cookies at any time. Find more information regarding cookies on our Data Protection Declaration and regarding us on the Imprint.
Mandatory

These cookies are needed for a smooth operation of our website.

Name Purpose Lifetime Type Provider
CookieConsent Saves your consent to using cookies. 1 year HTML Website
fe_typo_user Assigns your browser to a session on the server. session HTTP Website
PHPSESSID Temporary cookies which is required by PHP to temporarily store data. session HTTP Website
__cfduid missing translation: trackingobject.__cfduid.desc 30 missing translation: duration.days-session HTTP Cloudflare/ report-uri.com
Statistics

With the help of these statistics cookies we check how visitors interact with our website. The information is collected anonymously.

Name Purpose Lifetime Type Provider
_pk_id Used to store a few details about the user such as the unique visitor ID. 13 months HTML Matomo
_pk_ref Used to store the attribution information, the referrer initially used to visit the website. 6 months HTML Matomo
_pk_ses Short lived cookie used to temporarily store data for the visit. 30 minutes HTML Matomo
_pk_cvar Short lived cookie used to temporarily store data for the visit. 30 minutes HTML Matomo
MATOMO_SESSID Temporary cookies which is set when the Matomo Out-out is used. session HTTP Matomo
_pk_testcookie missing translation: trackingobject._pk_testcookie.desc session HTML Matomo