Several groups in the House of Representatives want the Minister of Finance to explain the European Court of Justice's ruling on the UBO register. Among other things, the VVD wonders whether the Netherlands does not interpret the Court's ruling more strictly than other European countries. The SGP wants to know what measures the government will take to comply with the ruling.
This is according to written questions by Eelco Heinen (VVD) and Chris Stoffer (SGP) to Finance Minister Sigrid Kaag (1).
The UBO register is a European database that shows who owns a foundation or company. The register also provides clarity on who has control or an interest in the foundation or organization in question. In this way, Europe wants to prevent criminal activity and make it easier to track down the perpetrators.
The downside of the UBO register is that some of the information in the database is accessible to anyone. This can be considered an invasion of our privacy. There are also no measures to prevent this data from being freely distributed and stored.
The European Court of Justice ruled this week that the European Anti-Money Laundering Directive, from which the UBO register emerged, is a violation of fundamental human rights. "However, the Court finds that the interference resulting from that measure is not limited to what is strictly necessary and is not proportionate to the objective pursued," the court said.
Minister Kaag instructed the Chamber of Commerce to for the time being not provide information from the UBO register. In a letter to the Lower House, the minister promised to study the Court's ruling in the coming days and discuss with the European Commission what information can be released.
Following the ruling of the European Court, the VVD and SGP have a number of questions. The VVD asks Minister Kaag how she views the Court's ruling -that the public nature of the UBO register is a serious violation of our fundamental rights- and where entrepreneurs stand. Eelco Heinen wants to know from the minister when the House of Representatives can expect a legislative proposal to permanently shield the public data of the UBO register.
The Liberal calls on the Finance Minister not to impose fines or community service until the law change is complete. Entrepreneurs who have received fines or community service should be compensated. Heinen asks if Minister Kaag is willing to do so.
Furthermore, the VVD member wonders why the minister is engaging in talks with the European Commission to see what information provision is possible. "What is your commitment and can you promise that you will not allow more information provision than is strictly necessary based on the ruling of the Court of Justice of the European Union?", Heinen wants to know. Finally, he asks whether the minister can guarantee that the Netherlands will not apply the rules on information disclosure based on the UBO register more strictly than other European countries.
Chris Stoffer asks Minister Kaag whether she realizes that the Court has ruled that the provision in the anti-money laundering directive, on which the UBO register was based, is invalid. The SGP member wants to know from the Minister what her reaction is to the Court's ruling that the UBO register is a serious intrusion on the private lives of partners and protection of personal data.
Stoffer suggests that, for the time being, no information from the UBO register will be provided. Minister Kaag has already arranged this with the Chamber of Commerce, the body responsible for managing the register. Finally, the SGP MP asks what measures the minister will take to "do justice" to the ruling.
https://www.tweedekamer.nl/kamerstukken/kamervragen/detail?id=2022Z22877&did=2022D49445
