The Dutch legislative proposal for the Amending act restricted access Dutch UBO registers (Wijzigingswet beperking toegang UBO-registers) (the “UBO Access Act”) was adopted by the House of Representatives (Tweede Kamer) on 18 February 2025. The proposal is currently under review by the Senate (Eerste Kamer). The objective of the UBO Access Act is to ensure that appropriate safeguards are in place to protect the privacy and personal data of UBOs, by limiting access to the UBO register to four categories of parties. For further details on the four categories, please see Amending act restricted access Dutch UBO register published | Linklaters.
Currently, only managing directors of a Dutch legal entity can obtain an extract showing the UBOs of that entity from the website of the Dutch Trade Register. UBOs can view their own UBO data on that website, but cannot obtain UBO extracts.
Since our previous publication on the topic, there have been some amendments to the UBO Access Act, including:
addition of the AMLA, EPPO, OLAF, Europol and Eurojust to the authorities with access to all UBO data; and
the legal basis for establishing rules by Governmental Decree for access to UBO data by persons with a legitimate interest.
A Governmental Decree regarding amendments to the Commercial Register Decree 2008 (Handelsregisterbesluit 2008) is currently also in consultation until 26 June 2025. Proposed amendments include the designation of administrative bodies with access to the UBO registers for specific Dutch or European public and administrative duties, such as the Ministers of Finance and Economic Affairs, De Nederlandsche Bank, the Dutch Authority for the Financial Markets (AFM) and bailiffs (gerechtsdeurwaarders). The customs inspector (douane) is also added to the list of authorities with access to the UBO registers.
For further information, please contact:
Guido Portier, Partner, Linklaters
guido.portier@linklaters.com
