A registration in the External Referral Register (EVR) of the CIS Foundation can have enormous consequences. You will be refused new insurance, banks may close accounts and a mortgage application may be stuck. Yet banks and insurers still too often automatically place people in the EVR for 8 years, while this is not simply allowed according to the Financial Institutions Incident Warning System Protocol (PIFI) and the KiFiD line. In many cases the registration can be deleted or at least shortened.
At Arslan Advocaten we assist clients who have been registered incorrectly or too heavily. We can often recover the costs from the financial institution, which means that our help is actually free of charge for you.
Why is it important to act quickly with an EVR registration?
The faster you respond to an EVR registration, the better you will prevent the consequences from piling up. Every day that you are registered, access to new insurance, banking products or even a mortgage becomes more difficult. Think of agencies such as ABN AMRO, ING or insurers such as Allianz—they immediately see this registration and almost always take strict measures.
In addition, the longer the registration remains, the more difficult it often becomes to dispute it afterwards or have it removed. By taking immediate action you increase the chance that the registration will be revoked or shortened, and you will prevent unnecessary damage to your financial reputation and future.
What is an EVR registration?
The EVR is an external warning register managed by the CIS Foundation. Almost all Dutch banks, insurers and other financial institutions consult this register. If one institution includes you, other institutions will see that too. Result: you are often automatically rejected.
The PIFI states that an EVR registration may last a maximum of 8 years. This does not mean that you always have to remain registered for 8 years. 8 years is an upper limit, not a standard.
No automatic 8-year term
KiFiD has emphasized several times that financial institutions may not blindly register for 8 years. They should first look at:
-
the nature and severity of the incident;
-
the degree of culpability (intentional or unconscious);
-
your personal circumstances (age, profession, family);
-
your own statement/viewpoint.
Only then can the duration be determined. In milder cases, the term must be shortened, for example to 5 or 6 years. An 8-year registration is only appropriate for really serious, demonstrable fraud.
When is 8 years allowed?
The maximum duration of 8 years is mainly intended for serious cases: deliberate fraud, repeated fraud, organized fraud or situations in which the financial sector must demonstrably be protected. Even then, the institution must explain why 8 years is necessary in your case.
EVR for money mules: no standard 8 years
For a long time, banks immediately went to 8 years for alleged “money mules”. That is no longer allowed. It is necessary to look at:
-
your exact role;
-
whether you were under pressure;
-
whether you were young/inexperienced;
-
whether there are extenuating circumstances.
If your role is limited or not clearly culpable, the period must be shortened. Only with conscious and active cooperation can it be maintained for 8 years.
What rules must a bank or insurer rely on?
An EVR registration must always fit within:
-
the Financial Institutions Incident Warning System Protocol (PIFI)
-
the GDPR (proportionality and subsidiarity)
-
the Code of Conduct for the Processing of Personal Data by Financial Institutions
-
the WWFT (obligation to investigate unusual transactions)
In practice, we regularly see that insurers proceed with EVR registration on the basis of summary or one-sided investigations. A suspicion of 'intention to deceive' is sometimes treated as a fait accompli, while the evidence for this is often thin or controversial. This can lead to a lack of hearing, a lack of concrete motivation for the duration, or a measure that is more severe than necessary.
If there is no hearing, there is no concrete motivation for the duration, or the measure is more severe than necessary, the registration may be unlawful and therefore deleted.
Consequences of an EVR registration
-
you will be refused insurance;
-
Mortgages and loans are not granted;
-
Existing products/accounts can be canceled;
-
you may actually be financially excluded.
Because the consequences are so great, the financial institution must demonstrate that this measure is really necessary and that a lighter measure (for example, only internal registration) was not sufficient.
Emergency facilities for acute problems through EVR registration
What if the consequences of an EVR registration affect you directly—for example, if your insurance is immediately terminated, your mortgage is in danger of lapsing, or you suddenly find yourself without a bank account? In these types of emergency situations it is possible to take quick action by initiating so-called summary proceedings. With this you ask the judge for immediate (provisional) measures, such as the immediate removal of the EVR registration or the prevention of cancellation of your financial products.
Interim relief proceedings are usually handled within a few weeks, and sometimes even faster if there is a real emergency. A lawyer can assess with you whether this route is promising and quickly prepare the necessary documents. This allows acute blockages, such as being uninsured or immediately losing your checking account, to be resolved temporarily while the substantive procedure is ongoing.
Do not cooperate with information requests
Banks and insurers have a duty under the WWFT to investigate unusual transactions. If you do not cooperate at all, this may itself be a reason to end the relationship and even to impose an EVR registration. Therefore, in principle, cooperate, but preferably do so after consultation with a lawyer so that you do not declare more than is necessary.
Step-by-step plan: how to have an EVR registration deleted or shortened
1. Request file and registration details
Ask the bank/insurer and the CIS Foundation when you are registered, on what grounds and for what duration. You have the right to inspect.
2. Have legality assessed
Have a specialized lawyer assess whether the registration complies with the PIFI, whether there has been a hearing and whether the chosen duration is justified.
3. Submit a reasoned objection
Submit a written objection and request removal or shortening of the period. Please rely on proportionality (GDPR), your personal circumstances and the established rule that 8 years is not automatic.
4. Submit a complaint to KiFiD
If the institution refuses, you can go to KiFiD. See also:
Submit complaints to KiFiD – your rights and step-by-step plan
>5. Proceedings in court
If that does not provide a solution, the civil court can request that the registration be deleted or shortened.
The role of a lawyer
Financial institutions have specialized departments that know exactly how to substantiate a registration. It is therefore often difficult to remove an EVR registration without professional help.
Arslan Advocaten helps you with:
-
requesting and analyzing the file;
-
testing legality and proportionality;
-
drafting a strong objection;
-
carrying out a KiFiD procedure;
-
conducting proceedings in court.
Thorough file analysis is essential. A lawyer checks whether the level of evidence actually meets the strict requirements of case law and the Financial Institutions Incident Warning System Protocol (PIFI). Only if a registration is sufficiently substantiated and proves necessary, it may remain. It is precisely this thorough testing and substantiation that often makes the difference between a permanent registration and successful deletion or shortening.
It is therefore very important in procedures surrounding EVR registrations to carefully assess whether your situation actually meets the legal and protocol requirements. This significantly increases the chance of a positive outcome.
If you suffer damage because you are wrongly included in the EVR (for example because you cannot get a mortgage), we can often recover the costs of legal assistance from the institution. As a result, our help for you is usually free of charge in practice. If the EVR registration has demonstrably led to financial damage or damage to reputation, we will hold the bank or insurer liable for this damage. This way you can not only tackle the registration, but also receive compensation for the consequences you experience.
Frequently asked questions about EVR registrations
Can I always have an EVR registration deleted?
Not always. In the case of real fraud, the registration often remains unchanged. But if the bank has not weighed up the interests, has not heard both sides of the argument or has simply given 8 years, then removal or shortening is often possible.
How long does an EVR registration remain?
Maximum 8 years. But 8 years should not be used as a standard. The duration must match the severity.
What if my account has been misused by someone else?
The bank must then prove that you have acted culpably (for example by handing over your card or login). If this is not possible, the registration can be deleted.
What does legal assistance cost?
In many cases we can recover the costs from the financial institution. Then our services are actually free of charge for you.
Need immediate help?
Contact Arslan Advocaten.