The Dutch Data Protection Authority (AP) has reported that publicly available business owners' details can easily be used to intimidate people, often at home. These details are registered with the Dutch Chamber of Commerce and the Land Registry. The AP believes the government should find a solution, but the Ministries of the Interior and Economic Affairs (EZK) are cautious.
Misuse through publication of personal details
According to the AP, it is far too easy to publish an entrepreneur's personal details to intimidate them. This is called doxing, and legislation to prohibit it is being developed. Entrepreneurs registering with KVK can choose to keep their home address private. However, European law requires business addresses to be public. The Minister for Housing and Spatial Planning says there are good reasons for this. Many sole proprietors and self-employed professionals face difficulties because they work from home. They can, however, register their business at a business address obtained through a provider such as Zakelijkhuren24.
Exceptions should be possible, according to the Ministry of Economic Affairs
The Ministry of Economic Affairs is responsible for KVK and its Business Register. It wants to amend the law so entrepreneurs facing a 'probable threat' can have their business address details shielded. Currently, this is only possible when there is a specific threat, which is usually already too late. Entrepreneurs in professions that regularly face threats, such as lawyers and journalists, would clearly benefit from this change. However, the Minister for Housing does not consider doxing and threats sufficient grounds for making this change.
The Data Protection Authority wants to shield the business addresses of self-employed home workers
The AP recommends completely shielding the business addresses of self-employed people working from home. This appears unlikely, however, because the ministries prioritise legal certainty in business dealings. They believe routinely shielding business addresses contradicts the purpose of the register. Apparently, they regard knowing whom you are doing business with as more important than entrepreneurs' safety. This rigid position means home-based entrepreneurs must pay a virtual office provider to register their business elsewhere. Zakelijkhuren24 offers this at an affordable price.
Looking ahead
The Ministry of Economic Affairs department responsible for the Business Register is developing a new approach to KVK data. It is considering several ways to better protect entrepreneurs' personal information. It also wants to continue working towards criminalising doxing, so victims can seek police assistance and perpetrators are prosecuted more often. Of course, it is easier to prevent problems by using a business registration address for your business.