The Determining Role of the Schufa Score in Third-Party Decisions
Whether the Schufa score is decisive for third-party credit decisions has, since the CJEU ruling of 7 December 2023 (C-634/21), determined whether its mere calculation qualifies as an automated decision within the meaning of Article 22(1) GDPR. The CJEU made it clear that this cannot be assumed in general but must instead be assessed by national courts on a case-by-case basis. Since then, uncertainty has prevailed as to how the requirement of “decisiveness” should be interpreted.
