Free Fraud Registry Check

The Legal Basis

The assessment of your fraud registry (EVR) listing is based on the threefold test applied by the Dutch Supreme Court and Kifid (Financial Services Complaints Tribunal) when evaluating registrations in the External Reference Register:

• PIFI art. 5.2.1 — The Protocol for the Incident Warning System of Financial Institutions (PIFI) imposes strict requirements on registration. There must be sufficiently concrete facts that justify a reasonable suspicion of involvement in an incident. In addition, the principle of proportionality must be observed.
• Supreme Court 29 May 2009 (ECLI:NL:HR:2009:BH4720) — The Dutch Supreme Court has ruled that registrations must be subject to a balancing of interests. The interest of the financial sector in combating fraud must be weighed against the interest of the registered person in being able to participate in normal societal activities.
• GDPR art. 17 (Right to erasure) — Under the General Data Protection Regulation, you have the right under certain conditions to have personal data deleted. This also applies to fraud registry listings, particularly when the legal basis for the data processing no longer exists.

The threefold test comprises: (1) is there sufficient grounds for the registration, (2) is the registration proportionate given its consequences, and (3) was the right to be heard observed. A breach of one or more of these criteria may constitute grounds for removal.