Liability of the Bank for the disclosure of incorrect information
Two examples: A company is seeking cooperation with a corporate group: The buyer obtains information about the company, and also about all the shareholders personally. In the end, the company can’t even explain why it didn’t win the bid. An investor discovers that his bank is liable to him for faulty advice in the financing of a capital investment and has also incorrectly settled the loan account. The bank’s customer advisor initiates a Schufa entry “loan termination”; the investor now finds no credit institution that would be willing to carry out a retraining despite a good credit rating.
Data blocking and deletion: Business information must be accurate. The credit bureaus are entitled to collect data, but they are only allowed to pass on correct data. As a rule, the credit agency will block the data as soon as it is requested to do so.
Liability for damages: The Federal Court of Justice (BGH) has already ruled in its judgment of 07.07.1998 (Ref. XI ZR 375/97) that a bank is also liable for passing on incorrect information. A typical reason is, for example, the termination of a loan – as long as there is a dispute with the bank (e.g. due to invalidity, due to the deadline for repayment, due to counterclaims), there is regularly also a claim to data blocking. Data deletion can be requested as soon as a court decision has been made.
No claim by the credit reference agency to your data: If a request is made to cease and desist from disseminating incorrect data, the credit reporting agency has no right to demand that the individual correct the data. It is therefore not necessary to provide correct data to the credit agency, according to the ruling of the Munich I Regional Court (Case No. 30 O 12402/01).
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About the author
Dr. Johannes Fiala has been working for more than 25 years as a lawyer and attorney with his own law firm in Munich. He is intensively involved in real estate, financial law, tax and insurance law. The numerous stages of his professional career enable him to provide his clients with comprehensive advice and to act as a lawyer in the event of disputes.
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