Entrepreneurs, freelancers and self-employed persons without personnel (zzp'ers) can have their visiting address concealed starting today. The Chamber of Commerce (CoC) is expanding the possibilities of making private addresses invisible in the Trade Register. For example, it is no longer necessary to prove with an official report that you are threatened. The Chamber of Commerce reports this on its website.
The Trade Register is basically a large database containing data on companies, entrepreneurs, legal entities and organizations. This includes first and last name, business or residential address, financial statements and company profile. It is a public register, which means anyone can request this information.
The latter goes against the grain of the House of Representatives. MPs consider it a violation of privacy. Many freelancers and zzp'ers work from home. This means that their private address is listed in the Trade Register. A disgruntled citizen can childishly easily find out the home address of a freelance journalist and visit him at home.
The personal information in the Commercial Register can be used for a variety of purposes. For example, to visit someone's home to seek redress, or to threaten and intimidate the resident. Members of the Farmers Defense Force ringing the doorbell of Climate and Energy Minister Rob Jetten is an example.
An extreme example of what the public accessibility of personal data can bring about is the assassination attempt on criminal lawyer Derk Wiersum in September 2019. This was made possible in part because his address information was retrieved through the Trade Register.
The Trade Register can also be used for doxing. This involves someone collecting as much personal information and other data about someone as possible, for example, in order to stalk someone. If that person decides to make the data public, there can be nasty consequences. When Willem Engel, foreman of action group Virus Truth, posted the address details of Finance Minister Sigrid Kaag on Twitter, Kaag decided to file a report.
The Lower House wants to change that. That is why then-Member of Parliament Kees Verhoeven (D66) submitted a motion to no longer provide private addresses through the Trade Register and the Land Registry if freelancers or self-employed workers indicate that they do not want this. With the exception of the VVD and PVV, all House parties agreed to the motion.
Then-Secretary of State for Economic Affairs and Climate Mona Keijzer said she could not implement the motion because it violated European regulations. "Companies, regardless of their legal form, that supply goods or services to consumers are subject to obligations outside the trade register to disclose their business address (physical and statutory)," Keijzer said.
The secretary of state went on to say that the Trade Register contributes to legal certainty in trade. "The register provides a source of information where parties can independently verify the details of a trading partner and where they can look up the address, should the need arise."
Since January 1, 2022, the Chamber of Commerce has been shielding all residential addresses of entrepreneurs and directors listed in the Trade Register. From now on, their data can only be viewed by government organizations and professional groups that have legal permission to do so, such as lawyers and bailiffs.
For self-employed individuals whose business address is the same as their residential address, nothing changed. Until today. Freelancers or zzp'ers who feel threatened or under threat can now submit a foreclosure request to the Chamber of Commerce so that their private address is no longer visible.
However, there are some rules for this. For example, the visiting or private address must belong to a sole proprietorship, vof, partnership, association or foundation. A private or public limited company (bv or nv) does not qualify. In addition to the protected visiting address, you must provide another correspondence address (such as a PO Box).
The Chamber of Commerce warns about the consequences of a foreclosure request. If your request is approved, the entire registration of your sole proprietorship will no longer be visible in the Trade Register. "This can have adverse consequences for you and for those who want to consult the Trade Register. For example, third parties may not want to do business with you because they cannot find you in the Trade Register."
Making your private address inaccessible through the Trade Register is insufficient to protect your privacy. The Chamber of Commerce advises shielding your address in the Basic Registration of Persons (BRP) of the municipality where you live, arranging with the Autoriteit Consument & Markt ) that your telephone number is not public, and checking that your information is not accessible through other public registers, such as the Land Registry or a professional organization.
Finally, make sure your information is not visible through social media, online directories or your own website.
The new statutory scheme is expected to take effect July 1, 2022. Until then, anyone who meets the conditions can file a foreclosure petition. This may only be temporary, the Chamber of Commerce warns. Depending on the further course of the bill, changes may be made. The organization will therefore review your request again after the introduction of the regulation. If this affects you, the CoC will contact you.
If foreclosure of your private address is not an option, you can consider entering another address in the Commercial Register. An example is a P.O. Box address, or the address of a business building. A professional organization can help with this as well. The Chamber of Commerce asks them to report to the organization in case of probable threat.
