BKR and EVR registrations raise many questions and uncertainty. In practice, we see that clients often refrain from taking action because they think that “there is nothing that can be done”. That's a shame, because many assumptions turn out to be incorrect. In this blog we list the most common misunderstandings about BKR and EVR registrations - and explain what the legal situation is.
Misunderstanding 1: “A bank is always allowed to register”
No. Both a BKR and EVR registration must meet strict legal requirements. A bank or lender may not register automatically or by default. There must be, among other things:
a clear basis
a careful weighing of interests
a proportionate measure
Is this missing? Then the registration is challengeable.
Misconception 2: “After five years everything disappears by itself”
This only applies to certain BKR registrations and even then not without exceptions. Moreover:
mistakes remain mistakes, even after years
disproportionate registrations may not be continued
EVR registrations have a different regime
Waiting is therefore not always the right choice.
Misconception 3: “Once the debt has been paid off, I no longer have any rights”
This is also correct not. After repayment, it must be assessed whether:
continuation is still necessary
the registration still serves a legitimate purpose
your personal interests outweigh
In many cases, enforcement is no longer defensible.
Misconception 4: “Fraud does not have to be proven for a EVR registration”
An EVR registration due to fraud requires more than a suspicion. There must be:
concrete facts
objective substantiation
demonstrable involvement
An error or ambiguity is not fraud. In practice, banks regularly go too far here.
Misconception 5: “The bank always has the last word”
Although banks have a lot of influence, they are not untouchable. Registrations are tested against:
privacy legislation
principles of proportionality
reasonableness and care
Judges and supervisors intervene when boundaries are exceeded.
Misunderstanding 6: “You don't see an EVR registration anyway, so it doesn't matter”
An EVR registration may not be visible like a BKR registration, but the consequences are often more serious:
applications are immediately rejected
relationships with banks are terminated
entrepreneurs get stuck
Precisely because the register is less transparent, the risk often remains underestimated.
Misunderstanding 7: “A standard objection letter is sufficient”
In practice, a general or online sample letter is rarely effective. A successful objection requires:
legal substantiation
factual correctness
insight into personal consequences
Without customization, a registration usually remains unchanged.
Misconception 8: “It only makes sense to do something if I am rejected”
Waiting for rejection is often too late. A previous rejection:
deteriorates your position
is sometimes recorded
makes follow-up processes more difficult
It is almost always wiser to have it assessed in advance.
What is wise with a BKR or EVR registration?
first gain insight into the registration
assess whether it is legally tenable
take timely action
do not rely on assumptions or stories
Every situation is different and requires an individual assessment.
Conclusion: assumptions often stand in the way of success
Many people do not take action due to persistent misunderstandings about BKR and EVR registrations. That's unnecessary. In practice, it regularly appears that registrations are incorrect, disproportionate or insufficiently substantiated.
Are you in doubt? Have your situation assessed before making important financial decisions.