(1) For the purpose of deciding on the creation, execution or termination of a contractual relationship with a natural person, the use of a probability value for certain future action by this person (scoring) shall be permitted only if
- the provisions of data protection law have been followed;
- the data used to calculate the probability value are demonstrably essential for calculating the probability of the action on the basis of a scientifically recognized mathematic-statistical procedure;
- other data in addition to address data are used to calculated the probability value; and
- if address data are used, the data subject was notified ahead of time of the planned use of these data; this notification shall be documented.
(2) The use of a probability value calculated by credit reporting agencies to determine a natural person’s ability and willingness to pay shall be permitted in the case of including information on claims only as far as the conditions of subsection 1 are met and only claims concerning a performance owed which has not been rendered on time are considered
- which have been established by a final decision or a decision declared enforceable for the time being, or if an executory title has been issued under Section 794 of the Code of Civil Procedures,
- which have been established under Section 178 of the Insolvency Act and have not been disputed by the debtor at the verification meeting,
- which the debtor has explicitly acknowledged,
- for which
- the debtor has received at least two written reminders after the due date of the claim,
- at least four weeks have elapsed since the first reminder,
- the debtor was previously informed, at least in the first reminder, of possible consideration by a credit reporting agency and
- the debtor has not disputed the claim, or
- the contractual relationship on which the claim is based can be terminated without prior notice for payment in arrears and the debtor has been informed of possible consideration by a credit reporting agency.
The lawfulness of processing, including the calculation of probability values, other data relevant for credit reports pursuant to general data protection law shall remain unaffected.