Current
- Edited 15 May 2023
- 1 min
As a public organisation, KVK aims to respond effectively and promptly to current issues that may affect the provision of services. This includes changes in government policy and legislation, social developments, and new technology.
This is not always straightforward when it comes to certain topics. For example, striking the right balance between open data, privacy, and the funding of the Business Register. How do you do justice to the various interests within society regarding these issues? And how do you, as a basic register, remain within the legal framework, such as the Business Register Act 2007 (Handelsregisterwet) and the GDPR?
Topics that affect entrepreneurs and KVK
The KVK manages the Business Register and is required to comply with the Commercial Register Act 2007 (Handelsregisterwet). This Act clearly sets out which data we are required to record, and which data is or is not publicly available. For KVK, there is no question that the Business Register must remain public: after all, as an entrepreneur, you want to know who you are doing business with. But we are also aware that entrepreneurs are not always satisfied with certain aspects of its openness: breaches of privacy or being approached for direct marketing purposes. The KVK is seeking a structural solution for this matter.
This is what we have done in recent years:
- We actively report complaints to the authorities responsible for enforcing privacy legislation (the GDPR and the Telecommunications Act).
- Telephone numbers, email addresses, and fax numbers of all registrations are no longer publicly available.
- All details of associations of owners (VvE’s) are no longer publicly available.
- Legislation has been introduced to tackle the unauthorised commercial use of Business Register data.
- The shielding of visiting addresses has been extended.
There is a clear tension between the public nature of the Business Register and the use of this data for direct marketing purposes.
The Business Register has many positive aspects. We process a registration directly in the Business Register, and it becomes public immediately. You can then immediately show that you have a business. This is useful, for example, when opening a business bank account, signing a rental or lease agreement, ordering office supplies, or applying for an NS Businesscard. You can show everyone that your business exists and that you are authorised to act on its behalf.
Other government bodies use the data from the Business Register so that you do not have to provide that information over and over again. That is also the essence of it: the Business Register must be public. This also makes doing business easier and safer.
There is also a downside as well. Businesses are keen to do business with other businesses and use our data for commercial acquisition. Finding new customers is part of doing business, but it can be a nuisance. Many entrepreneurs report being bothered by aggressive, unsolicited marketing calls and commercial offers via various channels. Especially if those providers do not adhere to the rules as agreed in the Netherlands (GDPR and the Telecommunications Act).
The Business Register is a public register that provides guidance to entrepreneurs, enabling them to conduct business safely and responsibly. It allows you to check whether a business or organisation is registered, what its business address is, who is responsible for it, and who is authorised to sign on its behalf.
Address details in the Business Register
The Business Register contains the business addresses of companies and the home addresses of the owners, directors, or managing directors. The business address is public: it is the place where a business carries out its activities. Individuals’ home addresses are not public. Only employees of administrative bodies, solicitors, civil-law notaries and bailiffs may view this information if they have authorisation to do so.
The private addresses of ultimate beneficial owners (UBOs) listed in the UBO Register are also not public.
Personal data in the Business Register
In addition to address details, the Business Register also contains other data relating to owners, managers, or directors; data that can be traced back to the individuals. Although the GDPR protects the privacy of personal data, an exception applies to public registers established by law, such as the Business Register. This means that whilst the GDPR does apply to the Business Register, KVK has a legal basis under the Commercial Register Act 2007 (Handelsregisterwet) to process the data for its statutory duties (as described in Article 2 of the Commercial Register Act 2007 regarding specified purposes).
Naturally, we handle the personal data of our customers that we record in our registration system with the utmost care. This includes participants in seminars or purchasers of Business Register information. You can read more about this in our privacy statement at Privacy | KVK.
When making open data available, we take the privacy of business owners into careful consideration. This is because the Business Register contains a great deal of personal data, which cannot be included in open data. The open datasets from the Business Register that are currently available have been anonymised for protection of privacy.
In 2026, the Ministry of Economic Affairs and Climate will complete its review of the Netherlands Chamber of Commerce KVK Act and the KVK’s status as an independent administrative body (Zelfstandig Bestuursorgaan, ZBO). This review will take a critical look at the efficiency and effectiveness of the KVK’s activities, and specifically at its management of the Business Register. As soon as the evaluation is published, we will post the key findings here.