The Implementation Regulations Mandatory Use of BSN has been amended for this
As of January 1, 2017, the Implementation Regulation for the compulsory use of BSN includes that the lenders and subcontractors provide the citizen service number (BSN) of an employee to hirers and contractors. The administration of the BSN of workers is one of the conditions for hirers and contractors for indemnity or limitation of the hiring liability and chain liability.
No legal prohibition on providing BSN
Previously, hirers and contractors had no legal right to obtain the BSN of an employee made available to them. If a temporary employment agency or subcontractor nevertheless provided a BSN, there was a risk of a fine from the Dutch Data Protection Authority due to the privacy of the “Personal Data Protection Act”. Due to the amendment of the Implementation Regulation, that penalty risk is now a thing of the past.Employers need to arrange more matters to mitigate or prevent hirer’s and chain liability. They are also obliged to check the identity of temporary workers (e-learning). The hirer must ensure that he may not make and store a copy of the identity document, unless the temporary worker has no Dutch nationality and comes from outside Europe.