Learn about fraud registrations by banks and insurers, including EVR, IVR, CIS, and the incident register, and their impact on your financial situation.
A fraud registration with a bank or insurer can have far-reaching consequences. You cannot take out new insurance, your mortgage application is rejected or an existing account is terminated. Many people only discover later that they are included in one of the registers of the
Stichting CIS, such as the
External Referral Register (EVR) or the
Internal Referral Register (IVR). There are also internal lists such as the
Incident Register or the
Events Administration.
At Arslan Advocaten we help clients who have been registered incorrectly or too heavily. We ensure that their rights are restored, conduct objection procedures, submit complaints to KiFiD and litigate where necessary. In many cases we can recover the costs from the financial institution, which means that our assistance is actually free of charge for you.
The different fraud registers explained
Banks and insurers distinguish between different forms of registrations. It is important to know exactly what you are included in, because that determines your rights and the consequences.
- External Referral Register (EVR): This register is visible to all affiliated institutions. A recording here will immediately ensure that you are refused for new applications. The EVR is intended for proven or very strong suspicions of fraud. The moment you receive a EVR registration, this data is therefore accessible not only to the institution that places the registration, but also to all other credit institutions that participate in the joint fraud prevention system. This means that aEVR registration is used both internally and externally and can have far-reaching consequences for your ability to apply for financial products.
- Internal Referral Register (IVR): This register is only visible within your own organization. It is intended to warn employees, but should not simply be shared.
- Incident register / Event administration: Internal administrations in which events are recorded. Often prior to research. These are temporary, but can lead to admission to IVR or EVR.
- CIS database: The CIS Foundation manages the central database in which these registrations are recorded and shared with affiliated institutions.
What do financial institutions see with an IVR registration?
When registering in the Internal Referral Register (IVR), the situation is as follows: only the financial institution that placed the registration can find it in its own system. Employees of that bank or insurer only see the personal data of the person concerned, without further details about the precise incident or the reason for the registration.
Please note: if you register with anotherorganization within the same group (for example with another bank under the same parent company), that organization can usually also view the IVR registration. An IVR registration remains completely invisible to all other external banks or insurers.
The difference between IVR/EVR registrations and BKR registration
Confusion often arises between fraud registrations at banks and insurers (such as IVR and EVR) and the well-known BKR registration. Yet these are very different registers, each with their own purpose and consequences.
- BKR registration: The BKR registration is all about credits and loans. Are you listed with the Credit Registration Office (BKR)? Then this means that you have taken out a credit or loan, or are in arrears on payments thereof. This registration is visible to banks and lenders and can have consequences for the options for applying for new loans, for example when buying a house or taking out a new credit card. The BKR does not deal with suspicions of fraud, but purely looks at the credit history.
- IVR-/EVR registration: The IVR and EVR registrations are specifically intended to identify and identify fraud within the financial sector to prevent. With anIVR registration you are registered internally with one bank or insurer based on a suspicion of fraud or deception. Other banks or insurers cannot view this registration. A EVR registration on the other hand, is visible to all institutions affiliated with Stichting CIS, meaning you will be immediately refused for almost any application for a financial product or service. Both registrations are usually visible for a maximum of eight years and are much more drastic than aBKR registration when it comes to your access to the financial market.
In summary: aBKR registration monitors financial obligations and payment behavior, whileIVR and EVR specifically deal with fraud (signals) and protecting the integrity of the sector. A EVR registration usually has the most serious consequences, because it is shared sector-wide.
The legal basis: PIFI, GDPR and KiFiD
The rules surrounding these registrations are laid down in the Protocol Incident Warning System for Financial Institutions (PIFI). In addition, the GDPR and the Code of Conduct for the Processing of Personal Data by Financial Institutions apply. Banks and insurers must:
- have a concrete and substantiated suspicion of fraud or deception,
- make a weighing of interests between their interests and your interests,
- give you the opportunity to tell your side of the story (hearing both sides of the story),
- motivate the duration of the registration, and
- ensure that the measure is proportionate.
The line of the KiFiD is clear: a standard registration of eight years is not permitted. The duration should be tailored to the severity of the incident and your personal circumstances. In many cases the term has been reduced to five or six years, or the registration has been canceled completely.
When may a registration be imposed?
An EVR or IVR registration may only be imposed if there is a sufficiently substantiated suspicion of fraud and the registration is necessary to protect the financial sector. Doubt or slight carelessness is insufficient. The bank or insurer must be able to demonstrate that you consciously tried to mislead or that your behavior posed a demonstrable risk.
If the institution does not have clear evidence, or if the measure is too strict, the registration may conflict with the PIFI and the GDPR. In that case, we can request deletion or shortening on your behalf.
Fraud registrations in personal injury cases
In personal injury cases too, we increasingly see insurers registering clients as “fraud suspects” when there is doubt about the circumstances of the accident or about medical complaints. This sometimes happens during the damage investigation. We think that is disproportionate. An insurer may only consider such registration if there is concrete evidence of intentional deception.
In practice, it often turns out that there are only differences in interpretation between medical reports, or that the client has expressed himself clumsily. That is not fraud. We regularly act for victims who have wrongly ended up in the EVR or IVR. In many of those cases the registration has been completely removed.
The consequences of a fraud registration
The consequences are often much greater than people expect:
- refusal of new insurance or banking products,
- termination of current policies or accounts,
- not being able to get a mortgage or loan,
- problems with business insurance or company accounts,
- damage to reputation and stress.
What does an IVR registration mean?
With an IVR registration in your name, you cannot take out new financial products with the relevant financial institution (or affiliated companies) during the term of the registration. Consider opening a new account, applying for insurance or getting a loan from this party. This is usually possible at otherbanksorinsurers, because the registration is only maintained internally.
Consequences of an EVR registration
An EVR registration, on the other hand, is visible sector-wide. This means that virtually all banksand insurersin Netherlandscan see this registration. As a result, you can no longer contact any affiliated institution for, for example, a mortgage, insurance or business account. Even current products can be discontinued.
Precisely because the impact is so great, the rules require the bank or insurer to proceed with the utmost care. A minor investigation or lack of clarity is no reason for registration in the strictest register.
Why is it important to object to an IVR or EVR registration in a timely manner?
An IVR or EVR registration can put your daily life on hold for years. Almost all banks and insurers consult these registers before offering new products or services. This means that - as long as the registration remains - in practice you will often not receive a new insurance policy or bank account , a mortgage will be refused, or your existing policies will be abruptly terminated. Even simple matters, such as switching health insurers or opening a business account, can suddenly prove impossible.
An EVR registration carries the most weight: it is visible to all participating financial institutions in The Netherlands. An IVR registration within your own organization can also have major consequences, for example if you want to become a customer elsewhere. The sooner you take action against an incorrect or excessive registration, the greater the chance of recovering your financial position and preventing further problems.
In short, timely deletion or shortening of the registration is essential to keep control of your own future, reputation and business opportunities. Waiting often only makes the damage worse.
Common mistakes made by banks and insurers
- no adversarial hearing applied,
- insufficient evidence of fraud,
- immediately opted for EVR instead of IVR,
- no individual consideration was made,
- standard eight years imposed without motivation,
- no reassessment after objection.
In almost all of these situations, the registration can be deleted or shortened. We regularly submit objections on behalf of clients demonstrating these errors. This often leads to a faster solution than legal proceedings.
Step-by-step plan: how do we have a fraud registration removed?
1. Request for access to the CIS Foundation and the financial institution
We always start by requesting your complete file. This way we know exactly which registration has been imposed, by whom, when and with what motivation. The CIS Foundation is obliged to give you access.
2. Legal assessment based on PIFI and GDPR
We then assess whether the conditions of the PIFI have been met and whether the bank or insurer has complied with the GDPR. We look at, among other things, proportionality, adversarial hearing and the duration of the registration.
This step always starts with an extensive consultation. We will discuss your situation together and thoroughly investigate whether there are legal grounds to challenge the registration. During the legal investigation, we carefully check whether the registration has been correctly imposed and whether all procedures have been followed correctly. In this way, we map out all the facts and relevant regulations, so that we can take targeted and substantiated action against incorrect registration.
3. Objection procedure at the financial institution
We prepare a substantiated objection in which we include all legal and factual arguments. We also emphasize your personal circumstances: family, work, mortgage application, company. That makes the weighing of interests tangible.
4. Complaint to KiFiD
If the institution does not proceed with removal, we can submit a complaint on your behalf to the Financial Services Complaints Institute (KiFiD). KiFiD can shorten registrations or have them deleted entirely if the institution has not acted with sufficient care.
5. Civil proceedings
In some cases, going to court is necessary. We will then demand deletion of the registration on the grounds of unlawful processing of personal data. Registrations that are not properly substantiated are often deleted by the judge.
What if the lender persists?
If a lender refuses to adjust or delete your registration despite an objection or even after the intervention of KiFiD, the story does not stop. In that case we can submit the case to the civil court. The judge assesses whether the bank or insurer acted carefully and in accordance with the applicable rules. If it is determined that the registration was imposed unjustly or carelessly, the court may decide that it should be removed.
Our experience shows that registrations that are not sufficiently substantiated or where there is a lack of weighing of interests are often annulled by the court. This way you will still be vindicated by the court and the incorrect registration will be undone.
Free legal assistance possible
If you suffer damage due to an incorrect registration - for example because you do not get a mortgage or your company can no longer function - we will recover our costs from the financial institution where possible. As a result, our assistance is usually free for you.
Why choose Arslan Advocaten?
Deleting an EVR or IVR registration is possible, but it is a legal process that requires care and expertise. Such a registration is not simply deleted; a well-founded procedure must be followed. Professional support is essential to maximize your chances of success. We can guide you from start to finish and advise you on the options in your specific situation.
- Extensive experience with EVR, IVR and CIS matters;
- Thorough knowledge of the PIFI, GDPR and KiFiD case law;
- Combination of expertise in financial law, insurance law and privacy law;
- Practical approach with an eye for your personal and financial situation;
- Free legal assistance possible in case of damage.
Frequently asked questions about fraud registrations
How do I know if I am registered?
You can submit a request for access via the CIS Foundation website. We are happy to help you with this. You will then receive an overview of any registrations in the EVR, IVR or other registers.
How long does a fraud registration remain?
The maximum duration is eight years, but this is not allowed automatically. The duration must reflect the seriousness of the case. In many cases, KiFiD shortens this period to five or six years.
How long does an IVR registration remain visible?
An IVR registration can in principle remain internally visible for up to eight years within the organization that imposed the registration. Here too, the duration must always be in line with the seriousness of the incident and that an organization must consider whether a shorter period is appropriate. In practice, deadlines are regularly shortened after objection or reassessment.
What is the difference between EVR and IVR?
The EVR is external and visible to all connected institutions. The IVR is internal and only visible within the organization that imposed it. EVR therefore has much more serious consequences.
Can I have a fraud registration deleted?
Yes. If the registration does not meet the requirements of the PIFI or the GDPR, or if the balance of interests is missing, it can be deleted or shortened. We will file an objection or complaint on your behalf.
Is it possible to get a guarantee on the successful deletion of an IVR or EVR registration?
Unfortunately, we cannot provide a firm guarantee on the deletion of an IVR or EVR registration. The final decision always lies with the financial institution, the KiFiD or – if necessary – the judge. We can conduct the procedure carefully and substantiated and, with our experience, we have a good idea of the chance of success, but the result remains dependent on all facts and the assessment by the authority involved.
What we do do is clearly explain in advance how strong your file is and what you can expect. This way you will never be faced with any surprises and you know exactly where you stand. Please feel free to contact us to discuss your situation; we give you honest and realistic advice.
What does it cost to engage you?
In many cases we recover the costs from the financial institution. As a result, our help is often free of charge in practice. We always discuss this in advance.
Need immediate advice? Contact us via our contact form or call our office for a no-obligation consultation. We assess your file and immediately provide an honest picture of the opportunities.
