Exposure Test · Credit default registers
How much could your current way of registering unpaid debts cost you?
Twelve questions, one per screen. At the end, an estimate in euros of your annual exposure to claims for improper registration, calculated using the criteria applied by the Spanish Provincial Courts of Appeal (Audiencias Provinciales).
The 5 mistakes
Credit default registers: the 5 mistakes for which the Provincial Courts of Appeal are finding against Spanish companies
Awards of 3,000 to 10,000 euros plus costs for defective entries in credit default registers. The 5 mistakes the Provincial Courts are punishing.
The 5 mistakesExposure Test
Twelve questions, one per screen. At the end, an estimate in euros of your annual exposure to claims for improper registration, calculated using the criteria applied by the Spanish Provincial Courts of Appeal (Audiencias Provinciales).
Take the Exposure TestFlash Audit
In 10 working days: your standard contracts, your reporting protocol for credit default registers and a sample of files. Exposure report and prioritised remediation plan.
See the serviceServices
Contract Hardening
An information clause compliant with Article 13 GDPR naming the registers, and a prior payment demand process with an evidence file.
See the serviceSerial Claims Defence
If claims are already arriving: a block defence strategy, detection of unfounded claims and containment of costs.
See the serviceFlash Audit
In 10 working days: your standard contracts, your reporting protocol for credit default registers and a sample of files. Exposure report and prioritised remediation plan.
See the serviceThe case law
Article 5 GDPR · Data accuracy principle
Only debts that are certain, due, payable and beyond doubt may be reported to a credit default register. Everything else is paid for. So is complying without being able to prove it.
The disputed debt you registered is an adverse judgment in the makingArticle 6 GDPR · Legitimate interests
Necessity, suitability and proportionality. Your company must be able to pass all three in writing before it reports a single item of data to a credit default register. And if someone whose identity was impersonated sues you, fault is presumed to be yours.
Legitimate interests is not a box you tick: it is a test with three partsArticle 13 GDPR · Duty to inform
If the contract does not name the specific credit default register to which the data will be reported, registration requires a prior payment demand. Six judgments from a single Provincial Court of Appeal repeat it, word for word.
The clause your contracts have carried for ten years is the reason you will lose the next caseData protection · Art. 17 GDPR
Your company may have registered a debt impeccably and still lose the case. Article 17 GDPR has deadlines and a required form. Whoever ignores them pays.
A badly handled erasure request turns a correct entry into an adverse judgmentData protection · Article 9 GDPR
The courts treat biometric identification as special category data: prohibited by default, permitted only with a dual legal basis. Before you switch on the reader, it is worth knowing which side your system falls on.
Fingerprint or face clocking in: the terminal you installed for convenience may be your biggest legal risk