Personal Data Processing by Credit Reference Agencies

• Jurisdiction: European Union
• Year: 2025

Speaker

Ulrich Wuermeling is a German lawyer specializing in privacy and data protection law. He served as a partner at Latham & Watkins, where he co-chaired the global Information Technology Industry Practice Group and led the German Technology Transactions practice until 2023. His work focused on complex data privacy issues, including litigation and negotiations with data protection authorities, consumer protection groups, and individuals.

Ulrich studied law in Bayreuth, Southampton, Würzburg, London, and New York. He earned an LL.M. in International Business Law from Queen Mary University of London in 1993, writing his thesis on the then-draft EU Data Protection Directive. In 1998, he completed a doctorate at the University of Würzburg with a dissertation titled Trade Barrier Privacy.

Before joining Latham & Watkins in 2002, Ulrich practiced at Wessing and Clifford Chance. He passed the Bavarian bar exam in 1996 and became a partner in 1999.

Topic

Ulrich Wuermeling’s presentation at the ERA conference on Privacy and Data Protection explores the evolving responsibilities of credit reference agencies (CRAs) under EU data protection law, with a focus on recent CJEU rulings involving SCHUFA Holding (Cases C-26/22, C-64/22, and C-634/21). In this EU-presentation, Wuermeling examines how the legitimate interest and purpose limitation tests apply to the processing of personal data by CRAs, particularly regarding insolvency records and scoring algorithms.

The presentation provides a detailed analysis of the CJEU’s approach to balancing the interests of data controllers with the fundamental rights of individuals. A key highlight is the discussion of how national laws (such as the German six-month retention rule) influence the assessment of legitimate interest. Wuermeling also addresses the limits on automated decision-making under Article 22 GDPR and the associated transparency and data access obligations, especially in light of...