Identity document at work or when applying for a benefit

You are an employer

Are you an employer and do you have employees in paid employment? Then you are required by law to include a copy of the identity documents of these employees in your payroll administration. This obligation can be found in Article 28 of the Wages and Salaries Act.
You make a copy at the time an employee takes up employment with you. This will enable you to demonstrate later that your employees have properly identified themselves and that they are legally entitled to be in the Netherlands. You are also obliged to have the copies at hand in the case of inspections at the workplace.

Making a copy of an identity document

The copy must contain all personal data that are also in the original identity document.
 

• Identity card: make a clearly legible copy of the front and back of the card.
• Dutch passport: make a clearly legible copy of the inside page with the identifying details, in which the passport photo is clearly recognisable. The nature and the number of the document must also be evident from the copy.
• Foreign passport: make a clearly legible copy of the pages with the personal data (such as name, nationality, date of birth and height) and a residence sticker of the Dutch Immigration and Naturalisation Service IND.

Retaining a copy of identity document
 

You must retain the copy of the identity document for at least 5 years after the end of the calendar year in which the employment was terminated.

Identity document expires
 

Does the identity document of an employee expire while this person is employed by you? Then you do not have to do anything. You do not have to ask your employee for a new valid identity document and make a copy of it.
 

Note: You are obliged, however, to keep a copy of a valid identity document of employees from outside the European Economic Area (EEA) in the personnel file at all times.

You are a hirer or a contractor

Are you a hirer or a contractor and do you deploy an employee of a supplier or subcontractor? Such as a temporary employment agency worker, secondee or payroller? And do you want to mitigate the risk of hirer's liability or vicarious tax liability? Then you must be able to demonstrate the identity of this employee to the Tax and Customs Administration. 
To this end, you can check the original identity document of the employee (without copying or scanning it).
Or you receive the data from the supplier or subcontractor who has checked the identity document of the employee. The following applies here:

• The supplier or subcontractor is allowed to pass on the citizen service number (BSN) of the employee to you. This has been arranged in the Implementing Regulations to the Mandatory Use of Citizen Service Numbers. 
   
• The supplier or subcontractor is not allowed to provide a copy of the identity document of the employee to you. Unless it concerns an employee from outside the European Economic Area (EEA). 
   

These are the data that you register

These are the data that you register

• name, address and place of residence;
• birthdate;
• BSN;
• specification of the hours worked;
• nationality;
• type of identity document, number and period of validity;
• if applicable: the presence of an A1 certificate, residence permit, work permit for persons from outside the European Economic Area or notification.

You also register the name, the address and the place of residence of the supplier and the supplier's registration number with the Chamber of Commerce.

For more information, see the brochures Aansprakelijkheid voor loonheffingen bij onderaanneming and Aansprakelijkheid voor loonheffingen en btw bij inlening van personeel of the Tax and Customs Administration (Liability for payroll taxes in the case of subcontracting and Liability for payroll taxes and VAT when hiring in staff, available in Dutch only).

Employee from outside the EEA

Do you, as a hirer or contractor, hire an employee who does not have the nationality of one of the countries of the EEA? Then you will receive a copy of the identity document of this employee from the supplier or subcontractor. The supplier or subcontractor is required to do so pursuant to Article 15 of the Foreign Nationals (Employment) Act.
You then complete the next steps:

• You establish the identity of the employee using the original identity document.
• You compare the identity document with the copy you receive from the supplier or subcontractor.
• You include the copy of the identity document in your records.
• You retain the copy for a period of at least 5 years after the end of the calendar year in which the (hiring) agreement of the employee was terminated.

You are a self-employed professional or a freelancer

As a self-employed professional or a freelancer, you are not obliged to give a copy of your identity document to your client. Since you do not employ staff and do not have to pay payroll taxes, you do not constitute a liability risk for your client. This is why your client does not need to have a copy of your identity document.

Note: In some cases, your client will have to register your citizen service number (BSN) for the obligation to communicate information.

You are a temporary employment agency worker

Do you register with a temporary employment agency? In that case, the temporary employment agency is allowed to make a copy of your passport or identity card for the purpose of establishing your identity. The temporary employment agency is allowed to retain the copy for no more than 4 weeks. This has been arranged in Article 7c of the Placement of Personnel by Intermediaries Act (Dutch abbreviation: WAADI).
Unless you take up employment with the temporary employment agency. In that case, the temporary employment agency will not have to destroy the copy of your identity document. As your employer, the temporary employment agency will be required by law to have a copy of your identity document then.
Are you a self-employed professional or a freelancer and do you perform an assignment through a temporary employment agency? Then the temporary employment agency is not allowed to make a copy of your passport or identity card.

You are a volunteer

The organisation for which you volunteer is not allowed to make a copy of your identity document without a good reason. This is only allowed if you receive a remuneration for volunteers which is so high that you have to pay payroll taxes to the Tax and Customs Administration.
Pursuant to the Wages and Salaries Act, your employer is obliged to make a copy of your identity document for the payroll administration if you are not a volunteer but an employee. If you are an employee, a copy of your identity document including citizen service number (BSN) is permitted. But as a volunteer, you do not pay any payroll taxes, so this does not apply in your case. Unless, as said before, you receive a very high remuneration.

You are a supplier

Do you, as a supplier, come to deliver or collect goods? The organisation at which you do this is not allowed to make a copy of your identity document. However, the organisation may register some data of you, such as:

• which identity document you have shown (for example, your passport or identity card) and the number of this document;
• the name of the company you work for;
• the registration number of your vehicle, such as your lorry.

You enter a construction site

Do you enter a construction site? What may be done with your identity document in that case depends on the situation. Do you enter the construction site as a supplier or visitor, or are you going to work there?
Supplier or visitor
The security guard is not allowed to make a copy of your identity document if you enter the construction site as a supplier or visitor.
However, it may be necessary for the security guard at the entrance of the construction site to record a limited number of data of you for purposes of access control and/or registration of visitors. Such as which identity document you have shown (for example, your passport or identity card) and the number of this document.
Do you, as a supplier, come to deliver or collect goods at the construction site? Then the security guard may also note down the name of the company that you work for as a driver and the registration number of your vehicle, such as your lorry.
(Hired/deployed) employee and self-employed professional/freelancer
Do you come to work at a construction site? What the construction site is allowed to do with your identity document in that case depends on whether you come to work on the construction site as:

• An employee: the construction site (your employer) is allowed to make a copy your identity document.
• A hired worker or an employee of a subcontractor: the construction site is allowed to check your identity document and copy data from it, but is not allowed to make a copy of your identity document. Or the construction site receives these data from the supplier or subcontractor, but is not allowed to receive a copy.
• Hired worker from outside the EEA: the construction site receives a copy your identity document through the supplier or subcontractor and is allowed to check your identity document.
• Self-employed professional or freelancer: the construction site is allowed to check your identity document and copy data from it, but is not allowed to make a copy of your identity document.

You apply for a benefit

Do you apply to a benefits agency for a benefit? Then the benefits agency is not allowed to make a copy of your identity document. When making your application, you log in with DigiD. This enables the benefits agency to check who you are. Your identity will then be known. For this reason, it is not necessary for the benefits agency to make a copy of your identity document.
Does the benefits agency want to check your identity when you have an appointment? Then the benefits agency may ask you to show your identity document. But also in this case, making a copy is not necessary.
 

Note: Do you accompany your client during the visit to a benefits agency? Then the benefits agency is only allowed to make a blocked copy of your identity document. The agency is not allowed to record your citizen service number (BSN).

Identity document in the case of screening

Is your future or present employer having you screened by a screening firm? Then this firm is not allowed to make a copy of your identity document. The screening firm is allowed to verify your identity, though. The firm does this by checking your original identity document (such as your passport or identity card).

Inspection in the workplace

Is an inspection carried out in the workplace, for example by the Netherlands Labour Authority? In that case, employers are obliged to have a copy of the identity documents of their employees at hand. The employer can then provide the requested information using the copy. In addition, a duty to provide proof of identity applies for the employees. They have to show their identity document to the investigating officers themselves.