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Hoist Finance – Court Ruling (Netherlands, 2021)

Court Ruling
DPA RbAmsterdam9 December 2021Netherlands
final
Court Ruling

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A Dutch court ruled that Hoist Finance wrongly registered payment arrears for customers even after their debts were settled. This decision is important because it highlights the need for companies to properly assess the fairness of keeping negative financial records. Businesses should ensure they have a valid reason for maintaining such records to avoid legal issues.

What happened

Hoist Finance registered payment arrears with the Bureau Credit Registration despite the debts being settled.

Who was affected

Customers of Hoist Finance who had their payment arrears registered with the Bureau Credit Registration.

What the authority found

The court found that Hoist Finance did not properly justify the ongoing registration of payment arrears, violating the principle of proportionality under GDPR.

Why this matters

This ruling emphasizes that companies must carefully evaluate the necessity of keeping negative financial records. It serves as a reminder for businesses to review their data retention practices.

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

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

Decision AuthorityRb. Amsterdam

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Full Legal Summary
Detailed

On 1 February 2010, the data subjects obtained credit of €28,500 from the credit lending company "Hoist Finance” (the controller). Soon after the agreement, first arrears in payment occurred in September 2010. Since these payment arrears still existed in 2014, the controller notified the data subjects that this could lead them to register these arrears with the Bureau Credit Registration (BKR), and subsequently did so. The debt further increased and the data subjects and controller set up a debt repayment scheme. In 2019, the controller exonerated the data subjects from paying a part of the controller's interest. Ultimately, in 2020, the debt was completely settled. However, the payment arrears, and the notification of exoneration of a part of the controller's interest, were still registered with the BKR. Moreover, these registrations would not be deleted from the BKR's database before October 2025. The data subjects requested the controller to explain the proportionality and subsidiarity of the BKR registration, and to have the registration deleted. The controller, however, argued that the registration sufficed these requirements and rejected the erasure request. Because the data subjects experienced financial issues from the registration, i.e. because they had troubles getting a mortgage, they brought the issue before Court. The District Court Amsterdam upheld the claim. First, the Court noted that, currently, there is debate in the judiciary about the legal basis registering payment arrears with the BKR: either Article 6(1)(c) GDPR or Article 6(1)(f) GDPR. The Court referred to the [https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:PHR:2021:831&showbutton=true&keyword=ECLI%3aNL%3aPHR%3a2021%3a831 conclusion of Advocate General] in a similar case that ended up before the Dutch Supreme Court, in which the AG concluded that Article 6(1)(f) GDPR is the correct legal basis. The District Court followed the reasoning of the AG and noted that, therefore, the

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Hoist Finance in NL

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

Details

Ruling Date

9 December 2021

Authority

DPA RbAmsterdam

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Hoist Finance - Netherlands (2021). Retrieved from cookiefines.eu

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