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Defam – Court Ruling (Netherlands, 2021)

Court Ruling
DPA RbDenHaag18 November 2021Netherlands
final
Court Ruling

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A Dutch court ruled that Defam, a credit provider, did not have to remove a debt registration from a database despite a user's request. The user argued they were now financially stable, but the court found the company's refusal was valid. This case highlights the importance of understanding how long debt information can stay on record.

What happened

Defam refused to remove a debt registration from a credit database after a user requested it.

Who was affected

The user who took out a credit for a friend and had a debt registered in the credit database.

What the authority found

The court decided that Defam had valid reasons to keep the debt registration and did not violate GDPR rules.

Why this matters

This ruling shows that companies can maintain debt records even after a user claims financial stability. It serves as a reminder for users to understand how long their financial information can impact them.

Recorded legal citations
Automatically processed
Art. 6(1)(f) GDPR
Art. 17(1) GDPR
Art. 21(1) GDPR
View original scraped data
Art. 6(1)(f) GDPR
Art. 17(1) GDPR
Art. 21(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Article 35 UAVG
Decision AuthorityRb. Den Haag

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Linked-source text retrieved.

Automated check recorded — 17 March 2026.

Processing notes: national law identified.

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Full Legal Summary
Detailed

Controller is Defam, a credit provider. Data subject took out a credit of €10,000 for their friend, because the friend wanted to open a liquor store and did not have enough money. Data subject had to start paying off the loan from February 2014 onwards, but they did not pay the installments. After multiple payment arrears and broken payment arrangements, in December 2015, controller terminated the agreement, claimed the credit early, and registered the debt in the credit registration database (CKI) with the code “A2” (relating to data subject’s creditworthiness). After multiple payment arrangements, the debt was finally payed off on 30 January 2019. The registration of the codes relating to data subject’s creditworthiness will be deleted in January 2024. On 22 June 2020, Coderingsvrij B.V., on behalf of the data subject, objected to the registration in the CKI and requested removal, pursuant to Article 21 GDPR and Article 17 GDPR. Data subject claimed that he is now financially stable, and want to move out of the house of the parents of their partner, which is hard because of the registration of the “A2” code in the CKI. Controller refused to do so on 8 July 2020. After data subject requested again on 15 February 2021 to have the registration removed based because data subject’s interests overrode those of the controller, controller refused again on 25 February 2021. Then, the data subject brought the case before Court. First, the Court considered the admissibility of data subject’s appeal. The controller argued that the appeal was inadmissible because data subject did not appeal to their rejection on 8 July 2020, within 6 weeks, pursuant to Article 35 of the General Data Protection Implementing Act (UAVG). Moreover, the controller claimed that the request of 15 February 2021 was a repeated request, based on the same grounds, and could not be considered a new request. The Court rejected the argument because controller dealt with the request of 15 February 2021 in

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Defam in NL

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

18 November 2021

Authority

DPA RbDenHaag

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Defam - Netherlands (2021). Retrieved from cookiefines.eu

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