Far-reaching credit ruling: ECJ disempowers Schufa

Published On: 04.December.2023Categories: Legal3 min read
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Christina Schröder writes about legal topics for the Love & Law Blog at Recht 24/7.

The role of the Schufa score in lending

In a remarkable ruling, the European Court of Justice (ECJ) has restricted the power of Schufa, Germany’s leading credit agency. Until now, the Schufa score, an assessment of a person’s creditworthiness, has been a decisive factor for banks, mobile phone providers, energy suppliers and online retailers in deciding whether to conclude contracts with customers. However, the latest ruling by the ECJ calls this practice into question.

The ECJ ruling: a change in practice

The ECJ ruled that the Schufa score may no longer be used as the sole yardstick for granting loans, cell phone contracts or internet orders. Companies may not rely exclusively on an automated assessment of creditworthiness. This decision has far-reaching consequences for the way in which companies assess their customers.

Focus on transparency and data protection

The background to the case brought before the ECJ concerned a person who was refused a loan and subsequently demanded that Schufa delete an entry and grant access to their data. Although Schufa provided the score value and general information on the calculation, the exact calculation method remained unknown. This raises questions about transparency and data protection in line with the General Data Protection Regulation (GDPR).

The future of credit scoring

The ruling calls for a realignment of how companies assess creditworthiness. The Schufa score can still be used, but not as the sole criterion. This could lead to a more comprehensive, individualized view of consumers’ financial situation.

Schufa’s reaction: a step towards clarity

Schufa welcomed the ruling as a step towards clarity on how scores may be used in accordance with the GDPR. The majority of its customers emphasized that although the Schufa score is important, it is not usually the sole deciding factor in contractual decisions.

Conclusion: A turning point in lending

This ruling marks a turning point in the way creditworthiness is assessed in Germany. It underlines the importance of transparency and data protection and obliges companies to go beyond automated systems and ensure a more individualized view of their customers’ financial situation.

Far-reaching credit ruling: ECJ disempowers Schufa

A groundbreaking ruling with consequences for consumers and companies. The role of the Schufa score in the granting of credit
In a remarkable ruling, the European Court of Justice (ECJ) has restricted the powers of Schufa, Germany’s leading credit agency. The Schufa score, an assessment of a person’s creditworthiness, was previously a decisive factor for banks, mobile phone providers, energy suppliers and online retailers when deciding whether to conclude contracts with customers. However, the latest ruling by the ECJ calls this practice into question.

The ECJ ruling: a change in practice

The ECJ has ruled that the Schufa score may no longer be used as the sole yardstick for granting loans, cell phone contracts or internet orders. Companies may not rely solely on an automated assessment of creditworthiness. This decision has far-reaching consequences for the way in which companies assess their customers.

Focus on transparency and data protection

The background to the case before the ECJ was a person who was refused a loan and subsequently demanded that Schufa delete an entry and view their data. Although Schufa provided the score value and general information on the calculation, the exact calculation method remained unknown. This raises questions of transparency and data protection, which in turn.

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