Almost all well-known mobile providers in Germany have been providing customer data to Schufa for years and without their consent. This could have costly consequences for Telefónica (o2), Telekom and Vodafone.

No matter which mobile provider you register with in this country, there is obviously a big risk that Schufa will receive more information than it should. At least the experts from the WBS.Legal law firm warn against this. Customers can check if they are also affected and, if necessary, claim compensation of 5,000 euros.

Schufa: These data have been transmitted

“Almost all major German mobile providers, such as Telefónica (o2), Telekom and Vodafone, have been transmitting so-called positive data to Schufa for years, without the consent of their customers. “Approximately one third of all German mobile phone users are affected,” says the legal portal. Lawyer Christian Solmecke says: “The affected people have the right to compensation!”

These were the results of the law firms WBS.LEGAL and Legalbird, which examined and evaluated thousands of Schufa reports. Previously, a court ruling had ruled that such data transfers were illegal. Therefore, those affected have the right to compensation.

Despite the court ruling, there is no information

It is nothing new that Schufa and mobile data go hand in hand. Already in 2021, the NDR and the Süddeutsche Zeitung revealed “that virtually all German mobile operators […] We transmit positive data to Schufa,” explains WBS.Legal. The consumer advice center then took legal action against the three largest.

After obtaining a binding ruling against Télefonica (o2) in April 2023 (LG Munich I, ruling of April 25, 2023, Ref. 33 O 5976/22), in reality voluntary consent would have been necessary for the transmission of data. However, according to legal experts, this was never implemented.

For Solmecke, this is catastrophic: “We have checked the data protection regulations and general conditions of all common mobile operators in Germany. It's surprising that almost no one has adapted their distribution practices to this day. “It seems rather preferable to go to the authorities instead of obtaining consent for the data to be transmitted to Schufa.”

How to check if you are entitled to receive money

The amount of compensation currently planned is based on payments that various courts have made in the past for illegal entries into the Schufa. “If very personal data is transmitted, even 15,000 euros are sufficient, as decided by da+s AG Stuttgart,” adds Solmecke.

Anyone who wants to check whether their own data has been transmitted to Schufe can do so via the WBS.Legal form. “So far about 100,000 consumers have contacted us. “We are now checking in each individual case whether an approach makes sense,” says Andreas Quauke from Legalbird.

Sources: WBS.Legal; dejure.org

By Dana Neumann