The Minister of Economy and Climate Policy of the Netherlands, Micky Adriaansens, sent a letter to the House of Representatives, in which she outlined her vision of the necessary measures to protect the personal data of entrepreneurs. Currently, the data of the register of the Chamber of Commerce (KvK), except for the home address, are freely available. Upon request, only if there are threats, you can restrict access to the legal address. Minister Adriansens is sure that this is not enough. The full text of the letter in Dutch is available here to register:.
Mickey Adriansens proposes to close the data of the Trade Register, containing telephone numbers and e-mail addresses of all entrepreneurs. In addition, according to the minister, it is necessary to prohibit the use of data from the register of the Chamber of Commerce for commercial purposes. Currently, open data is widely used, in particular in marketing.
Mickey Adriansens said that her proposals are aimed at increasing the privacy, and as a result, the security of entrepreneurs. At the same time, it is necessary to ensure that this data is available to interested parties for verification of entrepreneurs and avoiding cases of fraud. The Minister drew attention to the fact that the measures proposed by her meet the formed public demand.
How is it now?
In recent years, there have been many complaints about the undesirable use of entrepreneurs' data from the register of the Chamber of Commerce. Advertisements are sent to the addresses indicated there without the consent of entrepreneurs, often the data is published on the Internet, further expanding the circle of people who have access to them. As a result, a significant number of entrepreneurs are harassed on the Internet, and sometimes this state of affairs even leads to a real physical threat to entrepreneurs. The Government and the House of Representatives agree that the Trade Register in its current form does not meet modern requirements.
What is proposed to be changed?
Addresses of residence of entrepreneurs have already been closed. It is possible to close upon application and addresses of activities, but only if there are threats. It is proposed to allow entrepreneurs to close their addresses upon application. To close an address, entrepreneurs will have to register an alternative mailing address, such as a PO box. The Minister has already instructed the Chamber of Commerce to implement these measures as soon as possible. It is also suggested to close phone numbers and email addresses. Data disclosure will be possible only at the request of government authorities or professional groups that have the legal right to do so, for example, tax authorities, lawyers, bailiffs.
Hiding personal data, on the one hand, will protect the rights of entrepreneurs, on the other hand, it will make it difficult to verify them, which can lead to fraud. Therefore, it is proposed to develop a set of measures to prevent the negative consequences of hiding information. In particular, state registration of injunctions to engage in certain types of activities is proposed. This will make it harder for scammers to work.
Some private organizations have social objectives that justify the use of data from the Commercial Register. Now this data is open. After the changes are implemented, such organizations will need to be allowed to use non-public data and search for individuals.
In order to combat fraud and error, administrative authorities should report to the Chamber of Commerce and Industry any discrepancies they notice between the chamber's data and information obtained from other sources.
In September, the proposed measures will be discussed at two online conferences. All interested parties will be able to share their views and make suggestions. If there are no obstacles to the application of the proposed measures, the formalization of these proposals by legislative and regulatory acts will begin.
Find out about how to register as a sole trader with the Dutch Chamber of Commerce.
Publication Date: 01.08.2022
