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Prevent an infringement of the Personal Data Protection Act

On April 7, 2014 by Dutch Umbrella Company

Until recently it was permitted to archive the Identity cards of your hired temporary employees. Beginning in 2014 this is, with a  few notable exceptions no longer allowed. What situations permit you to preserve the ID card of an employee and when is this forbidden?

NL, EU, EER and Switzerland

From 2014 on, there are new rules of engagements when it comes to the preservation of employee Identity cards. This preservation of personal data is only allowed when this is strictly imperative. In cases where you hire contractual employment, it is not considered necessary to retain this information and is therefore forbidden. This applies to employees with either a Dutch, an European and a Swiss nationality or a person from the European Economic Area. In these cases, the employment agency or legal employer should store the employee’s ID card  as part of their statutory filing.

Other

With the employment of non-Dutch and non-EU/EER/Swiss employees, you are obliged to obtain and preserve a copy of the employee’s ID card.

For further questions, please contact 020 716 3384.