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Cancellation of information exposed by risk centers

The data provided by a risk center are relevant tools that allow various economic operators to access evidence about the payment behavior and level of indebtedness of their holders. Thus, the content of the reports that these centers issue may condition the decision-making of the user who accesses the information in relation to whether or not to contract with a certain person or company. Given this impact, the information stored and provided by a risk center is subject to objective credibility duties whose non-compliance is sanctioned.

In our country, the conditions regarding the supply and use of information stored in databases run by a risk center are regulated by Law No. 27489, which, in paragraph “c” of its article 5, establishes the obligation of these institutions to implement internal controls that provide security in their activities, as well as procedures that validate the information they process.

Information stored and provided by a risk center is subject to objective credibility duties.

In this regard, and in the event that the owner verifies the exposure of incomplete, erroneous or distorted information by risk centers, he will be able to demand its rectification or cancellation. To do this, you must submit a written request to the entity, attaching the relevant evidence to prove ownership of the information and the specific data to be reviewed. The risk center has a period of 7 calendar days, exceptionally extendable for 5 additional days, to inform the owner if their request was appropriate. If so, the risk center must also send corrective communications to all those who have received faulty information in the last twelve months.

If the request is rejected, the owner can initiate administrative actions for violation of their rights as a consumer or initiate an action in the summary process (if he is not qualified as a “consumer” according to the applicable administrative regulation).

It is important to consider that, although the information stored by risk centers usually comes from public or private sources (third parties involved in the initial mandatory relationship), the damages caused by the exposure of erroneous, false or inaccurate information may be directly attributable to and requiring repair to risk centers. After the cancellation or rectification of the information -or in parallel-, damages caused by the disclosure of erroneous or inaccurate information may be compensated in favor of the owners, both in terms of assets (loss of profits and consequential damage) and off-balance sheet (moral damage), for which it will be necessary to initiate legal actions in the competent court in accordance with the applicable procedural rules.

The above circumstances force us to remain particularly expectant of information about our payment obligations, which the natural or legal persons with whom we contract may share with risk centers, and whose legitimacy or enforceability in certain cases may be being questioned.

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Eduardo Muñoz
Corporate Area Manager

Corporate lawyer with a strategic approach and business vision.

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