Dutch BSN: mandatory or not?

Until January 2017, employers were not allowed to share their employees' BSN (Dutch citizen service number) with third parties, unless the employees had given their explicit consent. After that, the implementing regulation was amended, making it mandatory for the supplier or subcontractor to provide the BSN of the workers deployed to the hirer/contractor.

Before starting work, workers are required to identify themselves at the work location. Using the worker's passport or ID card, the BSN is checked against the BSN that has been enrolled in Oribi WorkpassID. There is a legal basis for this, so the employee cannot refuse it.

The Organisation (the highest-ranking contractor) needs this BSN disclosure in order to invoke the indemnity against, or mitigation of, hirers' and chain liability. The amendment means that the Organisation does not have to request the BSN from the employee themselves, but can obtain it in a more efficient way from the supplier/subcontractor, with a lower risk of errors.

Self-employed workers

The legislation above applies to salaried personnel. Are you a self-employed worker? Then this legislation does not apply to you. If you are enrolled correctly in Oribi WorkpassID, you are not asked for your BSN during the online enrolment procedure. You must of course still have one.

AVG

But how does this work in terms of the AVG (Dutch General Data Protection Regulation)? Organisations outside government may only use the BSN where this is laid down by law. In this case, therefore, there is a legal basis and an obligation to register the BSN.

It is of course important that the collected data is kept securely under lock and key. At Oribi, we ensure the secure storage of data every day.

• Explanation from the Dutch Data Protection Authority (AP), BSN at work

• Explanation from the AP, specifically for construction sites

• Implementing regulation on the mandatory use of the BSN (wetten.overheid.nl)

• Information security at Oribi WorkpassID

Foreign workers with a BSN

Everyone employed by a Dutch company has a BSN, which is why it is a mandatory field in Oribi WorkpassID if you work for a Dutch company (are in salaried employment). The BSN is shown on the Dutch passport or ID card. Foreign workers do not have one. The client does, however, want to see proof that the BSN you enter actually belongs to the worker being enrolled.

Foreign workers in salaried employment with a non-Dutch company also have a BSN. These people often do not live in the Netherlands permanently (less than 4 months) but come here to work temporarily.

Is the worker coming to the Netherlands for less than 4 months? Then they can register as a non-resident in the Personal Records Database (BRP). They do this at a municipality with a desk for non-residents. After registration, the worker receives a Citizen Service Number (BSN).

How do I obtain a BSN? (Central Government)

Locations where you can register

How can I register in the Non-residents Records Database (RNI)? | Netherlands Worldwide

A foreign worker who receives a Dutch BSN gets written confirmation of this. You can upload this confirmation in the 'BSN proof' field when prompted. Do you not yet have BSN proof? Then upload a copy of your appointment or application for the BSN proof.