EU Court of Justice · 7 December 2023

SCHUFA Holding (Scoring)

In plain English

A credit agency's automated score is itself an automated decision under GDPR Article 22 when a lender or other business relies heavily on it to decide whether to enter into, carry out or end a contract with the person.

  • OQ v Land Hessen (intervener: SCHUFA Holding AG)
  • Case C-634/21
  • ECLI:EU:C:2023:957

What the court ruled

the automated establishment, by a credit information agency, of a probability value … concerning his or her ability to meet payment commitments in the future constitutes ‘automated individual decision-making’ … where a third party, to which that probability value is transmitted, draws strongly on that probability value to establish, implement or terminate a contractual relationship with that person.

Judgment of 7 December 2023, SCHUFA Holding, C-634/21, EU:C:2023:957, operative partEUR-Lex

Related

The official text is quoted word for word from the English version of the source named under it; only the version published in the court’s own records is authoritative. The plain-English line is Fino’s own summary, not legal advice.