Would you like access to your file at the bank? That is enforceable!

The Special Management Directive of the Dutch Banking Association (NVB) states that banks must provide their customers with access to all relevant information about their financing, even if the customer does not (or no longer) have that information himself.

Besides the civil courts (e.g. summary proceedings), the Disciplinary Law Foundation for Banks is the stage where you can complain about failure to provide the data.

Recently, the disciplinary committee ruled that a banker had failed to put the client's interests first. He refused access to documents to the financed company, even though there was a compelling interest in doing so. His actions thus violated the banking oath.

Another factor was that he had not requested the requested documents internally. In another case, a banker had made the necessary effort to obtain the documents relevant to the client. Partly for this reason, the banker's oath was not considered violated in that case.

The documents can be relevant to a variety of issues, such as testing the bank's actions against the duty of care, but also (as in the present case) in proceedings against third parties such as a franchisor.

Source Fig: https://lnkd.in/gjPpcSq