Employers were not allowed to provide their employees’ BSN to third parties until January 1st, 2017, unless the employees had given their consent to do so. Since that date, an implementing regulation has been amended requiring the subcontractor to provide mandatorily the BSN of the deployed workers to the hirer/contractor.
Before starting the work, workers must identify themselves at the construction site. When verifying the employee’s identity, using the passport or ID card, the BSN on the document is checked against the BSN registered in Bouwpas. Since there is a legal basis for this, the employee may not refuse.
This BSN provision is necessary for the main contractor to be able to rely on the indemnification or mitigation of the hirer's and sequential liability. The change ensures that the main contractor does not have to request the BSN from the employee himself, but can do this more efficiently from the hirer / subcontractor, with a lower risk of errors.
The above legislation applies to salaried staff. Are you a self-employed worker? Then this legislation does not apply to you. If you are correctly registered in Bouwpas, you will not be asked for your BSN during the online registration procedure.
But what about the GDPR? Organizations outside the government are only allowed to use the Dutch Social Security Number if this is determined by law. In this case, there is a legal basis and obligation for the registration of the BSN.
It is of course important that the collected data is kept securely under lock and key. At Bouwpas we work hard to keep your data safe every day.
- Explanation of the Dutch Data Protection Authority
- Implementation regulation compulsory use of BSN
- Information security at De Bouwpas
Foreign workers with a BSN
Everyone employed by a Dutch company has a BSN. That is why, it is a mandatory field in Bouwpas if you work for a Dutch company. The BSN is stated on the Dutch passport or ID card. Foreign workers do not have that, but the main contractor would like to see proof that the BSN you enter, actually belongs to the worker being registered.
Does the worker come to the Netherlands for less than 4 months? Then he / she can register as a non-resident in the Personal Records Database (BRP). He / she does this at a municipality with a counter for non-residents. After registering, the laborer receives a Dutch Social Security Number (BSN).
Any foreigner who receives a Dutch BSN, will also receive a written confirmation. You can upload this confirmation in the 'BSN certificate' field if requested.