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Basic registration decision

Original Language Title: Besluit basisregistratie personen

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Decision of 28 November 2013 laying down rules for the implementation of the Basic Registration Act (basic registration of persons)

We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.

On the nomination of Our Minister of Internal Affairs and Kingdom Relations of 10 October 2013, no. 2013-0000602327;

Having regard to Directive No 95 /46/EC of the European Parliament and of the Council of the European Union of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (PbEG L 281), and the Articles 1.6 , 1.10, 1st Member , 1.14, second and third paragraphs , 2.6 , 2.7, second and fourth members , 2.31 , 2.33 , 2.34, third member , 2.37 , 2.43, fifth paragraph , 2.49, third and fourth members , 2.65 , 2.67, second paragraph , 2.69, second paragraph j ° 2.7, second and fourth members, 2.70, second paragraph , 2.77 , 2.78, third member , 2.79, second and third paragraphs , 3.1, second paragraph , 3.2, seventh member , 3.3, 1st Member , 3.3, third member j ° 3.2. seventh member, 3.5, fourth member , 3.6, 2nd Member , 3.6, third member J ° 3.5, fourth member, 3.11, second paragraph , 3.12 , 3.13 , 3.14, second paragraph , 3.22, fourth member , 4.3, fifth paragraph , 4.4, second paragraph , 4.5, third and fourth members J ° 4.4, second paragraph, 4.6 J ° 4.4, second paragraph, 4.8, first paragraph , 4.12 , 4.15, third member and 4.16, 3rd member, of the Basic Registration Act ;

The Department for the opinion of the Council of State heard (opinion delivered on 15 November 2013, No W04.13.0369/I);

Having regard to the further report of Our Minister of Internal Affairs and Kingdom Relations of 25 November 2013, No 2013-0000697925;

Have found good and understand:

Chapter 1. General provisions

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§ 1. General

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Article 1

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For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:


§ 2. Required use

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Article 2

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Authentic data on residents as intended Article 1.6 of the Act have been identified as such in the table as Annex 1 is annexed to this Decision.


§ 3. Establishment, operation and security

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Article 3

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  • 1 Our Minister lays down a system description.

  • 2 The system description may include a component cut to municipalities using an old municipal facility as intended to be used in the Article 4.15, first paragraph, of the Act , and a part tailored to municipalities which use a new municipal facility as referred to in that paragraph.

  • 4 The second and third paragraphs shall apply mutatis mutandis in respect of the exchange of messages with a public body to which, or a third party to whom data are systematically supplied, it being understood that the information in question is to be communicated to the Article 4.16 of the Act Meant old and new message exchange.


Article 4

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The system description provides a description of the aspects identified in the table that are Annex 2 is annexed to this Decision.


Article 5

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A college of mayor and aldermen, Our Minister, a designated governing body, a government body, and a third bear care that they give implementation to the Law In a manner that corresponds to the system description. The execution insofar as it relates to them is indicated in the table as Annex 3 is annexed to this Decision.


Article 6

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  • 1 The office of mayor and aldermen shall take appropriate technical and organisational measures to ensure the protection of the information contained in the basic registration against loss or damage to the municipal provision of the municipal provision. information and non-competent knowledge, modification or provision of such data.

  • 2 Our Minister shall take appropriate technical and organisational measures to ensure the protection of the data contained in the basic registration against loss or deterioration of this data and against unauthorized information. the taking-up, modification or provision of such information.

  • 3 The measures referred to in the first and second paragraphs shall include at least:

    • a. Measures targeting individuals who work for the controller of data in the basic registration;

    • b. measures aimed at access to buildings and premises where data contained in the basic registration are present;

    • c. Measures to ensure the proper functioning and security of the equipment and software;

    • d. measures in case the confidentiality or integrity of data contained in the basic registration has been harmed;

    • e. calamities.

  • 4 Our Minister may lay down rules on the custody of writings and other documents, regardless of their form, which the data controller uses or has used in basic registration in connection with the processing of data in the base registration.


Article 7

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  • 1 The work to be carried out by an editor on behalf of the board of mayor and aldermen shall be laid down in a written agreement to be concluded by the college and by the editorial staff.

  • 2 The editor undertakes to act in accordance with the agreement in the Articles 8 and 9 requirements. Where such articles refer to personal data, they shall be understood to mean the personal data provided by the college of mayor and aldermen to the editor for the performance of the work and the personal data provided by the College of Mayor of the European Union. Personal data derived therefrom.


Article 8

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In any case, the editor shall comply with the following requirements:

  • a. the Editator makes the personal data exclusively service to the proceedings provided for in the Agreement;

  • b. In carrying out the work, the editor shall act in accordance with the rules laid down in and under the law as applicable to the college of mayor and aldermen if the college had itself the work carried out;

  • (c) The editor shall give the mayor and aldermen's college an opportunity to supervise the observance of the contract, in which he shall provide the cooperation requested by that College;

  • d. at the request of the college of mayor and aldermen, the editor shall suspend the proceedings and make the personal data available to that college;

  • e. if the editor performs work for a college of mayor and aldermen, he devotes it only to another editor, to the extent that the college expressly permits in the agreement.


Article 9

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  • 1 The editor shall take appropriate technical and organisational measures to ensure the proper execution of his work, the security of data files and the protection of privacy. Such measures shall include at least:

    • a. Measures targeting persons employed in the operation of the worker;

    • b. measures aimed at access to buildings and premises, in use with the editor, where personal data are present;

    • c. Measures to ensure the proper functioning and security of the equipment and software;

    • d. measures aimed at the management of personal data;

    • e. measures in case the confidentiality of personal data has been harmed;

    • f. calamities.

  • 2 Our Minister may lay down detailed rules on the measures referred to in paragraph 1.


§ 4. Costs incurred in connection with the implementation of the Law

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Article 10

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In this paragraph, Article 51 and the following provisions shall be understood as:


Article 11

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  • 1 Messages between a municipality and the central facility shall be charged to the municipality, with a notice sent by a municipality to another municipality via the central facility, to be charged to the municipality which is the subject of the notice. is sending.

  • 3 The first paragraph shall not apply to:

    • a. messages to or from the central feature related to the presence of data;

    • b. messages relating to the provision of information by a college of mayor and aldermen;

    • c. Sync messages;

    • d. messages related to Article 2.34 of the Act .


Article 12

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  • 1 Categories of costs, as referred to in Article 1.14, second paragraph, of the Act costs related to:

    • (a) the management and use of the central facilities;

    • b. the dispatch and receipt of notices, including the costs related to the system of message exchange.

  • 2 The contribution of a person to the costs referred to in the first paragraph shall be determined on the basis of the number of messages to be borne by the person concerned.


Article 13

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  • 1 Our Minister fixes each year the subscription structure he will wield in the following year. The subscription structure consists of different subscription classes with corresponding band widths of number of messages and the corresponding rate in euros.

  • 2 Our Minister determines the subscription structure, having regard to:

    • a. The costs to be expected for the following year as referred to in Article 12 , minus the balance for the previous year;

    • (b) the number of messages to be expected for the following year, to be borne by the persons concerned.

  • 4 Our Minister, in September of each year, shares the subscription structure to the parties concerned.


Article 14

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  • 1 The contribution of the person concerned, Article 12, second paragraph , consists of an annual payment. To this end, our Minister shall charge the subscription rate for the current year which belongs to the subscription class in which the person concerned falls, having regard to the number of messages which he received from him in the previous year.

  • 2 If the number of messages relating to the current year which is chargeable to the person concerned falls into a higher subscription class than the class referred to in paragraph 1, the Minister shall, by way of derogation from the first paragraph, bring in the subscription rate for the current year in the account belonging to that higher class.

  • 3 Our Minister shall set the annual amount to be charged to a person concerned at zero, to the extent that a provision has been made in the budget of the Ministry of Internal Affairs which replaces the person's contribution.


Article 15

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  • 2 The notices of application of this Article shall be determined by means of a regulation by our Minister as reconciliation notices.

  • 3 As reconciliation message, only a message is given:

    • a. necessary for the systematic provision of data to reconcile the data of a public body or third party to the data contained in the basic registration;

    • b. the dispatch and reception of which is made on the basis of Article 4 is described in the system description, and

    • (c) the purpose of which is to enable the provision of data referred to in the fifth paragraph.

  • 4 For reconciliation reports Our Minister, by derogation from the Article 12, second paragraph , 13 and 14 , in the case of the public bodies and third parties, a rate per registered person.

  • 5 The term "registered person" referred to in paragraph 4 shall be understood as the person to whom the public authority or the third party requests to be given information in the manner described in the fourth paragraph. Article 37, first paragraph, part a .

  • 6 The costs associated with the reconciliation consist of the costs that are expected to be connected to the transmission and receipt of reconciliation messages on the message exchange system or with the help of alternative media.

  • 7 The rate shall be fixed by the arrangement of Our Minister. The rate shall be determined in such a way that the total of the charges to be charged shall cover the costs referred to in the sixth paragraph.

  • 8 The decision to authorize the administration shall determine the number of persons registered as referred to in the fifth paragraph and the number of reconciliation notices referred to in the fifth paragraph and the number of persons registered by the public authority or the third party on the set of persons to which the decision is taken. message exchange is sent and received.

  • 9 Our Minister shall draw up an estimate of the expected costs and the expected number of reconciliation notices.


Article 16

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  • 1 Categories of costs, as referred to in Article 1.14, second paragraph, of the Act , are also the costs related to the sending of messages using alternative media, unless these charges are covered by Article 15 the transmission is related to an infrastructure change in respect of a municipality.

  • 2 Our Minister may make a contribution to the person concerned to whom the messages are sent in connection with the costs referred to in the first paragraph. This contribution may be taken into account in addition to the contribution made under the Article 12, second paragraph , 13 and 14 is determined for the person concerned.

  • 3 In the case of the Minister's arrangement, it shall be determined which contributions may not be taken into account at the most.


Article 17

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  • 2 A College of Mayor and Alderman providing written information may make a contribution to the person concerned to whom the information is given in connection with the costs referred to in the first paragraph. In so far as the provision is made by Our Minister, this contribution may be charged in addition to the contribution made under the Article 12, second paragraph , 13 and 14 is determined for the person concerned.

  • 3 In the case of the Minister's arrangement, it shall be determined which contributions may not be taken into account at the most.


Article 18

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  • 2 The contribution of a person to the costs referred to in paragraph 1 shall be determined on the basis of the costs of the provision, with the exception of the costs already incurred by the person concerned on the basis of the costs of the Article 12, second paragraph , 13 and 14 .

  • 3 The contribution may be taken into account by Our Minister or by a college of mayor and aldermen. In so far as the provision is made by Our Minister, this contribution may be charged in addition to the contribution made under the Article 12, second paragraph , 13 and 14 is determined for the person concerned.


Article 19

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  • 2 The contribution of a person to the costs referred to in the first paragraph shall be made by way of derogation from the Article 12, second paragraph , 13 and 14 , determined on the basis of the costs of the posting.


Article 20

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In the case of a regulation of our Minister, detailed rules on the fixing and payment of contributions may be laid down.

Chapter 2. The aptitude of the base registration

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Section 1. Residents

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§ 1. Registration

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Article 21

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  • 1 For registration as resident, do not qualify:

    • a. The persons appointed by Our Minister for Foreign Affairs in connection with their special status of residence;

    • b. the armed forces in the Netherlands belonging to the armed forces of a foreign power, affiliated to the North Atlantic Treaty Organisation;

    • c. the members of the civil servants who are employed in the Netherlands, who are employed by the armed forces of a foreign power as referred to in subparagraph (b), or who are employed by a headquarters as referred to in Article 3 of the Civil Service of the Civil Service, August 1952, Paris Protocol to the Treaty of 19 June 1951 in London between the States party to the North Atlantic Treaty on the legal status of their armed forces concerning the legal position of International military headquarters, established under the North Atlantic Treaty (Trb. 1953, 11) and have an identity document issued by the headquarters;

    • d. spouses or registered partners of persons referred to in subparagraph (b) or (c);

    • e. the indwelling minor children of persons referred to in subparagraph (b), (c) or (d);

    • f. aliens who have no admission to the Netherlands and reside in an accommodation made available by the Kingdom which is intended solely for the purpose of providing temporary shelter to aliens, during the first six months of the stay in the Netherlands.

  • 2 The first paragraph, introductory wording and parts b, c, d and e, shall not apply to persons who are nationals of the Netherlands who are nationals of such persons.

  • 3 The first paragraph, introductory wording and parts c, d, and e, shall not apply to:

    • a. persons referred to therein who have already been registered as resident for one year;

    • b. persons referred to therein who are not nationals of a State affiliated to the North Atlantic Treaty Organisation;

    • (c) persons referred to therein who are stateless.

  • 4 The first paragraph, part (f), does not apply to those persons whose residence in the Netherlands begins by birth and who is a birth certificate in the Netherlands by an official of the civil status of the Netherlands.


Article 22

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  • 1 A person may be designated by Our Minister of Foreign Affairs as a person intended in Article 21, first paragraph, part a , if he is not a Dutchman and belongs to one of the following categories of persons:

    • a. Members of diplomatic missions and of consular posts;

    • b. Members of the administrative and technical staff of diplomatic missions and of consular posts;

    • (c) the resident family members of the persons referred to in subparagraphs (a) and (b);

    • d. other persons having special residence status under international law.

  • 2 A person in respect of whom a designation takes effect, while already being registered as resident, is considered to be an attached person who is not registered as a resident on account of his departure from the Netherlands.

  • 3 A designation is not in force or terminated before the college of mayor and aldermen enters the Article 25 has received communication.


§ 2. The inclusion of personal data

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Article 23

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§ 3. The obligations of public bodies

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Article 24

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  • 1 The college of mayor and aldermen sends a copy of a decision on the basis of Article 2.10, second paragraph, of the Act information about a marriage, a registered partnership, a recognition, or the date of birth of the person concerned not to be included in the basic registration, to the basket head as intended in the Aliens Act 2000 .

  • 2 The first paragraph shall apply only where the information referred to in that paragraph relates to a foreigner as referred to in the Aliens Act 2000 .


Article 25

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  • 1 Our Minister for Foreign Affairs does a designation as intended Article 21, first paragraph, part a , or of the termination thereof, to the college of mayor and aldermen of the municipality concerned.

  • 2 The rules of our Minister may lay down rules as to how the communications are to be made.


Article 26

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In compliance with the obligations, Chapter 2, Section 1, Section 4, of the Act , a public body, if known, shall state the civil service number of the person or persons in respect of whom data, documents or information are provided or in respect of whom communications are made.


Article 27

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  • 1 A governing body referred to in Article 2.34, first paragraph, of the Act As well as an administrative board designated under Article 2.34, second or fourth paragraph, of the Act, communication to the College of Mayor and Aldermen of discrepancies between, on the one hand, the information he provides, shall be communicated to the has been granted from the basic registration or from which the provision has been omitted and, on the other hand, information from which he has otherwise been informed, and of the grounds of his or her reasonable doubt as referred to in Article 2.34, first paragraph, of the Law.

  • 2 Our Minister may lay down detailed rules on the cases and rules on how the communication is to be made.


Article 28

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  • 1 The college of mayor and aldermen shall inform the governing body of a communication as referred to in Article 1 (2). Article 2.34 of the Act has informed, as soon as possible but not later than five working days after receipt of the communication of the communication, whether this communication has led to an improvement, supplement or deletion of data in the basic registration, or that has been entered in the entry for the entry into force Article 2.26 of the Act has been placed in connection with the conduct of an investigation into the inaccuracy of the given.

  • 2 If the college of mayor and aldermen decides to make a note as intended Article 2.26 of the Act the board shall inform the governing body which made the communication after the examination has been carried out, or have been corrected, supplemented or removed as a result of the communication of information contained in the basic registration.


§ 4. The obligations of the citizen

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Article 29

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  • 1 Not required to make the declaration of departure is the resident who, from the time of departure from the Netherlands, is not expected to stay outside the Netherlands for more than two years from the time of the departure and who during his stay is outside the Netherlands for professional purposes, on board a ship which has the port of home in the Netherlands.

  • 2 The first paragraph shall apply only if the person concerned has an address in the Netherlands for his stay outside the Netherlands.


Article 30

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  • 1 The cases in which the obligations, listed in Article 2.38 of the Act , can be fulfilled by the in Article 2.49, first paragraph, of the Act Persons referred to are the cases where the person himself is unable to appear in person because of:

    • (a) the state of his health, where necessary, on production of a written certificate from a treating physician; or

    • b. Stay in a penitentiary institution.

  • 2 In the cases referred to in paragraph 1, the person concerned shall, by way of derogation from Article 2.38, first paragraph, of the Act , do not obligate to report to the college of mayor and aldermen in person.

  • 4 The cases referred to in the first paragraph, introductory wording and part (a) shall also be the Article 2.49, fourth paragraph, of the Act mentioned cases. The second and third paragraphs shall apply mutatis mutandis.


Section 2. Non-residents

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§ 1. General

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Article 31

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The following governing bodies shall be empowered to make a request to our Minister for the said tasks in respect of the said tasks. Article 2.68, first paragraph, of the Act or a declaration as intended: Article 2.70, third paragraph, part a, of the Act to be done:


§ 2. Provisions relating to the registration, the inclusion of personal data and other provisions

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Article 32

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Article 33

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  • 1 Our Minister shall act as intended in the case of a tendering procedure Article 2.67 of the Act at least the following information relating to the person concerned:

    • a. on the marital status: the generic name, the surname, the date of birth, the place of birth, the country of birth or the place of birth, and the sex;

    • (b) on nationality: nationality or nationality, or indication that the person concerned is not a national, or an indication that the nationality of the person concerned cannot be determined.

  • 2 Our Minister shall also take the dates of entry and termination of the legal validity of the information referred to in paragraph 1 in so far as they can be fixed by the tendering procedure.

  • 3 Our Minister shall also include other general information in so far as the person concerned so requests, and the information may be fixed at the time of registration.


Article 34

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  • 1 A designated administrative board shall refer to a request for registration as referred to in Article 2.68 of the Act at least one of the following information concerning the civil status of the person concerned: the generic name, the surname, the date of birth, and the sex.

  • 2 The designated administrative body shall also specify the dates of entry and the validity of the data referred to in paragraph 1 in so far as they may be adopted in response to the application for registration.

  • 3 The designated administrative board may also provide an indication of other general information in so far as the information in response to the request for registration may be established.

  • 4 A designated administrative board shall, in the case of an indication as referred to in Article 2.70, third paragraph, of the Act , in cases other than those referred to in paragraph 1, at least the following information relating to the person concerned: the civil service number and the information to be considered for further consideration.


Article 35

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The person appearing in person in connection with a request as referred to in Article 2.79 of the Act , at least, shall include:


Article 36

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A person who makes a request to Our Minister as intended in Article 2.81, third paragraph , in conjunction with Article 2.55, third paragraph, of the Act , is a right equal to the right of the college of mayor and aldermen of the municipality where the enrolation facility is housed on the basis of Article 229 of the Municipal Act for the execution of a similar request to the college under Article 2.81 (4) of the Act.

Chapter 3. The provision

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Section 1. The provision of data from the basic registration

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§ 1. The provision by Our Minister

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Article 37

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  • 1 The in Article 3.1, second paragraph, of the Act As regards the systematic provision of data to public authorities, the following modes of communication shall apply in accordance with the system description:

    • a. Spontaneous provision, which is the one-off provision of the information specified in an authorization decision on the persons declared by the public body which are part of the category of persons declared in the authorisation decision; or on persons who satisfy the conditions set out in the authorisation decision in the basic registration, followed by the provision of the changes that occur in this data;

    • b. Selective and conditional provision, which is the one-off or periodic submission of the data contained in a clearance decision, on persons on whom the data specified in the basic registration complies with the information given in the authorisation decision specified conditions;

    • c. Provision based on a search request, which is a provision at the request of the public body, of data included in the data specified in a clearance decision on, per request, a number of items capped in the authorisation decision. persons who are part of the category of persons set out in the authorisation decision and who are the subject of the data in accordance with the data specified in the request of the government body.

  • 2 The first paragraph shall apply mutatis mutandis to the systematic provision of data to third parties as referred to in Article 3.3 of the Act .


Article 38

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When submitting a request for authorisation, a public authority or a third party shall use a form established by Our Minister.


Article 39

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The work carried out by third parties with a significant social interest referred to in Article 3.3 of the Act , the categories of third parties that are eligible for the systematic provision of data in relation to those activities, the restrictions on the data which may be provided and the provision or Article 3.21 of the Act to the provision of application are indicated in the table which is Annex 4 is annexed to this Decision.


§ 2. Provision by the colleges of mayor and aldermen

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Article 40

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The college of mayor and aldermen refuses to request the disclosure of data as intended Article 3.5 or Article 3.6 of the Act If the number of benefits in kind per year to the public body or the third to a reasonable expectation of the college will be more than 5 000 in kind.


Article 41

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The work carried out by third parties with a significant social interest referred to in Article 3.6 of the Act , the categories of third parties that are eligible for the provision of data in connection with those activities, the limitations on the data that may be provided and the provision or Article 3.21 of the Act to the provision of application are indicated in the table which is Annex 5 is annexed to this Decision.


§ 3. Other provisions

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Article 42

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To execute Article 3.11 of the Act the systematic provision of information shall not be subject to endorsement where the provision is necessary for:


Article 43

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  • 1 If a resident reported departure to Aruba, Curaçao, Sint Maarten or any of the public bodies, Our Minister provides the data on the person designated for that purpose in the table described as Annex 6 is attached to this Decision to the relevant data controller in the basic administration of Aruba, Curaçao, Sint Maarten, or the relevant public body.

  • 2 A college of mayor and alderman provides at the request of a responsible for the processing of data in the basic administration of Aruba, Curaçao, Sint Maarten or a public body to this data, as far as this data necessary to take account of the aptitude test of the basic administration of the person responsible. The provision may relate only to the data relating to the person identified in the table designated for that purpose. Annex 6 is annexed to this Decision.

  • 3 Our Minister may, at the request of a responsible for processing data in the basic administration of Aruba, Curaçao, Sint Maarten or any of the public bodies, provide him with information, in order to promote the reconciliation of basic records of the person responsible for the basic registration. The provision may relate only to the data relating to the person identified in the table designated for that purpose. Annex 6 is annexed to this Decision.


Article 44

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  • 1 Article 3.13 of the Act shall apply to a provision from the basic registration provided that:

    • a. The request to that effect was made by an institution as specified in Article 1.2 of the Law on Higher Education and Scientific Research , a research department of a public body or a research agency;

    • (b) the study is of a general interest;

    • (c) processing for the investigation in question is necessary;

    • (d) the applicant has shown that the necessary arrangements have been made to ensure that the further processing of the data supplied is carried out exclusively for the purposes of the investigation and, moreover, provided for in such a way that the information provided ensure that the privacy of the person concerned is not disproportionately damaged; and

    • The information shall be made available to others only in an anonymised form, unless the inscripted information has been expressly agreed with the intended disclosure of the information in question.

  • 2 The provision is made by Our Minister or by a college of mayor and aldermen.

  • 3 Provision is made by Our Minister, in accordance with the provisions laid down in or under the law in respect of systematic benefits in kind, with the exception of Article 3.2, eighth paragraph, of the Act .

  • 4 Our Minister shall make use of his powers only, as referred to in the second paragraph, in so far as:

    • (a) the applicant has shown that it is necessary for the proper conduct of the investigation to provide that provision in accordance with the provisions of the Articles 3.1 and 3.2 of the Act is determined;

    • (b) the conditions set out in paragraph 1 have been fulfilled; and

    • c. College protection personal data about the request has been heard.


Article 45

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  • 1 A government body or a third party which makes a request to our Minister to make available information obtained by the processing of data from the basic registration shall provide that request:

    • a. Information about the purpose for which the information is requested;

    • b. a precise description of the information requested;

    • c. An indication of the time when the information is needed, and the reason why the information is needed at that time.

  • 2 The government body or the third indicates why the information cannot be obtained in a timely manner or in a timely manner.

  • 3 Our Minister may, in any event, refuse a request to the extent that:

    • a. The purpose of the provision is essentially commercial use;

    • (b) the examination of the application or provision is such as to ensure that the administration is in a position to manage it;

    • (c) the information cannot be made available in a timely way; or

    • d. the information can be obtained in a timely manner.


Section 2. The rights of the citizen

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Article 46

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The college of mayor and aldermen or our Minister in any case does not comply with a request of a person concerned as intended Article 3.22, first and second paragraphs , and 3.23, 1st paragraph, of the Act , in so far as the provision of data from the basic registration has taken place for the purposes of carrying out the tasks referred to below and to the extent that the public body to which or the third party is responsible for the data for the performance of those tasks has been has indicated that the request of the person concerned cannot be satisfied:

Chapter 4. Monitoring, transitional and final provisions

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Section 1. Investigation

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Article 47

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  • 1 The studies referred to in Article 4.3 of the Act , shall be carried out annually, by 30 September at the latest.

  • 2 The execution of these investigations is carried out by means of an evaluation instrument made available by Our Minister.

  • 3 Our Minister provides for the examination by a college of mayor and aldermen at the college of a list of concerns on the residents of the municipality.

  • 4 The extracts referred to in Article 4.3 of the Act , the aggregated results of the survey shall be included. In the case of an arrangement by our Minister, the level of aggregation shall be determined for the various types of extracts.

  • 5 The extracts shall be dispatched each year, no later than 31 October.

  • 6 The rules of our Minister may lay down detailed rules on the implementation of the examinations and the content of the extracts.


Section 2 Transitional provisions

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§ 1. The old registers

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Article 48

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  • 1 On the basis of Article 4.6 of the Act data provided to the college of mayor and aldermen shall be added to the person register.

  • 2 Our Minister may lay down rules on the care of the person register, the personal card store and the switchboard register. It may be laid down that the person register may be held in a manner other than the form of person cards referred to in the Decision on the accounts of the population, and the destruction of personal cards may be arranged.


Article 49

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Our Minister proposes rules on charges related to the provision of data from:

  • a. The person card store provided for in the Population Accounting Decision;

  • b. the register of the switchboard referred to in the Population Accounting Decision;

  • c. the central repository of deceased persons, consisting of the person cards referred to in Article 69, second paragraph, of the Population Accounting Decision.


§ 2. The transfer from the municipal basic administration of personal data to the basic registration persons

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Article 50

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  • 1 Our Minister consults the relevant municipalities, government bodies to which and third parties systematically to provide data on the transition, intended to be carried out in the Articles 4.15 and 4.16 of the Act .

  • 2 Our Minister proposes a schedule in which a time is set for a person or group of persons concerned for the transition from the old to the new facilities or message exchange.

  • 3 Our Minister may set different dates for different parts of the organization of the municipality, the public body, or the third party, or for various methods of transmission of data.

  • 4 The persons concerned shall ensure that they are ready at the appropriate time to give effect to the Law by using the new features or the new message exchange.


Article 51

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  • 1 Our Minister proposes a rebate for the following year in September of each calendar year in connection with the increase in costs, Article 12 , which during that year related to the transfer of the municipal basic administration of personal data to the basic registration persons takes place.

  • 2 The reduction fixed in accordance with the first paragraph shall be deducted from the costs relating to that calendar year when the subscription structure is fixed on the basis of Article 13 .


Article 52

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  • 1 By arrangement of Our Minister may be determined in what cases Article 26 does not apply in relation to the transition from the old to the new facilities or to the transition from the old to the new message exchange.

  • 2 The rules of our Minister may lay down detailed rules in connection with the transition, which may derogate from the Chapter 2 and 3 of this Decision, to the extent that the derogation is necessary in respect of good aptitude and provision of data in the basic registration during the transition from the old to the new facilities or from the transition from the old to the new message exchange.


§ 3. Transitional provision in relation to the costs associated with the implementation of the Law

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Article 53

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Section 3. Final provisions

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Article 54

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This Decision shall enter into force on a date to be determined by Royal Decree. A royal decree may fix other dates on which the parts of Article 31 Enter into force.


Article 55

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This Decision is referred to as: Decision of basic registration persons.

Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.

Wassenaar, 28 November 2013

William-Alexander

The Minister of Home Affairs and Kingdom Relations,

R.H.A. Plastrong

Published the ninth of December 2013

The Minister for Security and Justice,

I. W. Opstelten


Annex 1. General and authentic data

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Annex to the Articles 2 , 23 and 32

Category of data Data Subcategory Entry Residents Non-residents Authentic 1
Details of the marital status

Name

generic name

x

x

x

Names

x

x

x

Noble title or predicate

x

x

Birth

date of birth

x

x

x

place of birth

x

x

x

country or territory of birth

x

x

x

Sex

x

x

x

Parents

generic name

x

x

Names

x

x

Noble title or predicate

x

Sex

x

date of birth

x

x

place of birth

x

country or territory of birth

x

Marriage or registered partnership and previous marriages or previous registered partnerships

marriage designation or registered partnership

x

x

date of marriage closing date or date entered into a registered partnership

x

x

date of wedding closure or place of registered partnership

x

country or territory of marriage closure or entering into registered partnership

x

Matrimonial dissolution or dissolution, registered partnership and reason of, or marriage annulment, or registered partnership

x

date of dissolution, or annulment of marriage or registered partnership

x

x

place dissolution, or annulment marriage or registered partnership

x

country or territory decomposition, or annulment of marriage or registered partnership

x

Spouse or registered partner and previous spouses or registered partners

generic name

x

x

Names

x

x

Noble title or predicate

x

Sex

x

date of birth

x

x

place of birth

x

country or territory of birth

x

Children

generic name

x

x

Names

x

x

Noble title or predicate

x

date of birth

x

x

place of birth

x

country or territory of birth

x

Death

death date

x

x

x

Death

x

x

country or area death

x

x

Data entry and termination of legal validity data

date of entry into law

x

x

x

date of termination of legal validity

x

x

x

Curatele data

curatele

x

date of entry into law

x

date of termination of legal validity

x

Information on the authority to be exercised over the minor

the endorsement that the authority is exercised over the attached (co) by one parent, or by both parents, as well as the parent (s) in relation to each of the members;

x

the endorsement of the authority of the attached members (co-) by one third party or of two third parties, or of the exercise of temporary or provisional custody of the attached member

x

date of entry into law

x

date of termination of legal validity

x

Data on nationality

nationality or nationalities, or an indication that the person concerned is not a national, or an indication that the nationality of the person concerned cannot be determined

x

x

x

the note that the person concerned is not a Dutch national, according to Article 17 of the Law on the Netherlands

x

x

x

the endorsement that the person concerned is treated as a Dutchman under the Law on the position of Moluccans

x

x

x

date of entry into law

x

x

date of termination of legal validity

x

x

Information relating to the right of residence of the foreigner

the entry in the note on the right of residence

x

x

x

date of residence rights

x

x

x

date of residence termination

x

x

x

Announcement date

x

x

Details of the municipality and address of that municipality as well as on the stay in the Netherlands and the departure from the Netherlands

Comparatively

Municipality

x

x

date start adreshouding in the commune

x

Address 2

function of the address

x

Municipality

x

x

Residence

x

x

Street name and, if necessary, part of a municipality

x

x

house number

x

x

location relative to address

x

x

Home letter

x

x

house number addition

x

x

location description and, if necessary, part of a municipality

x

x

Postal code

x

date starting address

x

date of entry into law

x

Stay in the Netherlands

date start stay

x

previous country or territory of residence

x

Departure from the Netherlands

date of departure

x

next country or territory of residence

x

first address of stay in the next country or area of residence

x

Information about the residence address of the non-resident

residence address

x

date of entry into law

x

date of termination of legal validity

x

Information about the civil service number of the attached

Non-attached member of the civil service

x

x

x

Date entered into force of the civil service number

x

x

date termination of the civil service number

x

x

Information about the civil service numbers of the parents, spouse or registered partner, previous spouses or previous registered partners and the children.

older parent service number

x

x

Spouse or registered partner

x

x

previous spouse civil service number

x

x

previous registered partner civil service number

x

x

child civil service number

x

x

data in effect will be civil service numbers

x

data termination civil service numbers

x

Details of the use by the members of the sex name of the spouse, registered partner, previous spouse or previous registered partner,

naming names

x

x

date entry from the entry on the name use

x

date of termination of use given on the name use

x

Data necessary in connection with the implementation of the Kieswet

Indication of the European electoral law

x

date of application or communication European electoral law

x

exclusion deadline European electoral law

x

Indication of the exclusion of the right to vote

x

electoral exclusion end date

x

Information necessary in connection with the implementation of the Passport Act

Details of the travel document

kind of Dutch travel document

x

document number Dutch travel document

x

date of Issuer Dutch Travel Document

x

authority that has provided the Dutch travel document

x

date end of validity of Dutch travel document

x

Date of inattitude or missing Dutch travel document

x

Indication of whether or not a missing Dutch travel document

x

Issuing an alert for the provision or inaction of the Netherlands travel document

x

date of entry legal validity

x

1. Authentic are only data for residents.

(2) The address shall be authentic only in so far as it concerns a residence address.


Annex 2. The contents of the system description

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Annex to Article 4

1

The technical and administrative establishment and operation of municipal facilities.

2

The technical and administrative establishment and operation of the central facilities.

3

The exchange of messages between the municipal facilities and the central facilities.

4

The exchange of messages between the central facilities and the public bodies to which and third parties systematically data is being provided.

5

The removal from the base registration and the destruction of:

• the general data referred to in Article 2.7, first paragraph, part a, below 10 ° and 11 °, of the Act ;

• the general information on a foreign nationality, in addition to data relating to the Netherlands, or to treatment as a Dutchman;

• the administrative data referred to in the Articles 2.7 and 2.69 of the Act .

6

The exchange of messages between the central facilities and a governing body complying with its obligations, which is intended to be Article 2.34 of the Act .

7

The exchange of messages between the central facilities and a government agency that complies with its obligations, Chapter 2, Section 1, Section 4, of the Act .

8

The exchange of messages between designated administrative bodies and central facilities.

9

The systematic provision of data, Article 37 .

10

The technical and administrative establishment and operation of the central facilities in connection with the transition from the old to the new municipal facilities and from the old to the new exchange of messages.


Annex 3. The implementation of the Law according to the system description

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Annex to Article 5

The college of mayor and aldermen The Minister for Home Affairs and Kingdom Relations Designated Governing Body State organ Third
By-product of the basic registration

• The by-product of the base registration by the relative assembly.

• To consult the central facilities in relation to the aptitude test by the relative assembly.

• The by-law of the basic registration by the Minister.

• Consultation of central facilities in connection with the Minister's position.

• To unlock the central facilities in connection with the aptitude of the attachment council.

-

-

-

A request or declaration in connection with the aptitude test

-

Processing of a request as referred to in the Articles 2.67 and 2.68 of the Act or of a declaration as intended: Article 2.70 of the Act .

The making of a request as referred to in Article 2.68 of the Act or of an indication as referred to in Article 2.70 of the Act.

-

-

Provision of information to or from the comparatively

• The receipt of a communication as referred to in Article 2.34 of the Act .

• To do a notification as referred to in Article 2.34 of the Act.

• Provision of information to another municipality on the basis of Article 2.35 of the Act .

• Receipt of information as referred to in Chapter 2, Section 1, Section 4, of the Act .

• The transmission of a communication as referred to in Article 2.34 of the Law to the Proportionof Congregation.

• The transmission of a notification as referred to in Article 2.34 of the Act to the Governing Body

• The transmission of information as referred to in Chapter 2, Section 1, Section 4, of the Law to the Proportional Municipality.

-

• The making of communication as referred to in Article 2.34 of the Act.

• The receipt of a notification as referred to in Article 2.34 of the Act.

• The provision of information to the relative assembly under Chapter 2, Section 1, Section 4, of the Act.

-

Systematic provision

-

The systematic provision.

-

• Message exchange with central facilities in the case of systematic data transmission.

• The provision of cooperation to an investigation as referred to in Article 1.12 of the Act .

• Message exchange with central facilities in the case of systematic data transmission.

• To cooperate in an investigation, as provided for in Article 1.12 of the Act.

Provision by the college

Consultation of central facilities in relation to the provision of data by the college.

The unlocking of central facilities in connection with the provision of data by the college.

-

-

-

Laying down of benefits in kind

The recording of benefits in kind provided by the College.

• The laying down of benefits in kind provided by the Minister.

• To unlock information about the provision of data.

-

-

-

Rights of the citizen

To consult the central facilities in relation to the implementation of the citizens ' rights.

• To unlock the central facilities for implementing the rights of citizens through the college.

• To consult the central facilities in connection with the implementation of the Minister's rights.

-

-

-

Other aspects of technical and administrative establishment and operation

The concern for the municipal supply.

The concern for the central facilities.

-

-

-


Annex 4. Third parties carrying out activities with a significant social interest to whom it can be systematically provided

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Annex to Article 39

Work Categories of third parties Clausulation of work and limitation of data which may be provided Article 3.21 applicable
The implementation of pension schemes

• Pension funds, occupational pension funds, the Notarial Pension Fund Foundation and contributory pension institutions as referred to in Article 1: 1 of the Law on Financial Supervision .

• Insurers referred to in Article 1 of the Pensions Act .

• The foundation, intended in Article 2 of the Privatisation Act FVP .

No

The implementation of an early retirement scheme

The purpose of the foundations is to grant the benefit to persons for early retirement.

No

The implementation of a savings scheme aimed at a benefit as an old-age benefit

Enterprise savings funds as referred to in Article 1, first paragraph, part d, of the Pensions and Savings Funds Act , as the Pensions and Savings Act was the day prior to the entry into force of the Pension Act .

No

Providing and carrying out health insurance services in accordance with a legal system

Health insurers as referred to in Article 1 of the Zorginsurance Act .

No

The keeping of records for the purposes of the members ' administration of denominations and other societies on spiritual basis

Foundation Interecclesial Members-Administration.

• Operations shall be conducted in such a way that

a. the foundation carries out its work on an equal footing for any church or other spiritual foundation which wishes to make use of it and, if they so wish, will be able to participate on an equal footing in the The Foundation's subsidiary bodies.

Yes

b. persons whose data are processed by the foundation shall be informed that they may request in writing to terminate the processing of their data.

• No general data can be provided from the base registration other than: general information about the name, sex name of the spouse, previous spouse, registered partner, or previous registered partner and use. by the associated names of that name, address, date of birth, date of death and the administration number or the civil service number of the members belonging to the denominations.

Conducting population surveys

A legal person who has obtained a permit from Our Minister for Health, Welfare and Sport for carrying out a population survey as intended Article 3, first paragraph, of the Law on Population Survey .

Work shall be conducted in such a way that persons who no longer wish to be invited to participate in the investigation are informed that they may request the processing of their legal person in writing to the legal person who carries out the research. to terminate data.

No

The provision of healthcare to patients in the institution

An institution as specified in Article 1 of the Law authorising health care institutions .

Yes

The by-pass of a registration concerning deceased persons

Foundation Central Bureau of Genealogy.

The adjustment shall be carried out without the processing of the information obtained from the basic registration concerning a person in life who has written to the Foundation in writing to terminate that processing.

No

The verification of the identity of data subjects in connection with the correct allocation of personal data when entering into new financial obligations

An institution which has the task of maintaining a registration concerning credits of natural persons.

• Verification shall be carried out in order to prevent the transfer from natural persons of whom data are processed and solely to the conclusion of new financial obligations.

No

• No general data can be provided from the basic registration than: general data relating to the name, date of birth, sex, marriage or registered partnership and previous marriages or previous registered marriages. partnerships, the use by the members of the sex name of the spouse, the registered partner, the previous spouse or the previous registered partner, the administration number or the civil service number, the death, the address of the spouse, the address of the spouse, the name of the partner. and the departure from the Netherlands.

Record keeping of a registration of donors for the execution of tasks under the Blood Supply Act

The Blood Supply Organization as intended Article 1 of the Law on Blood .

No

Identification of persons in the field of social care activities, referred to in Article 2 (d) of the Framework Law VWS grants

"Stichting Ambulante FIOM".

Operations shall be carried out in such a way that no data is supplied to third parties without the express prior consent of the attached members.

No

Tracking missing persons and restoring contact between relatives who have been separated from each other.

The association is the Dutch Red Cross.

Missing persons and being separated from family members are due to an armed conflict, disaster or other particular event, as intended. Article 3 (4) (c) of the 1988 Red Cross Decision .

No

The performance of the tasks referred to in Article 4.1.1, second paragraph, of the 2015 Social Support Act

An AMHK as intended Article 1.1.1, first paragraph, of the Social Support Act 2015 Not being a government agency.

No general data can be provided from the basic registration, the general data referred to in the Article 2.7, first paragraph, part a, below 1 ° to 9 °, of the Act .

No

The conclusion of guarantee contracts for commitments arising out of loans made in connection with the acquisition of property or quality improvement of property

Stichting Guarantee Fund Own Houses

No


Annex 5. Third parties carrying out activities with a significant social interest to whom may be provided by mayor and aldermen

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Annex to Article 41

Work Categories of third parties Clausulation of work and limitation of data which may be provided Article 3.21 applicable
Judicial proceedings

A third party which is normally entrusted with the work referred to above, by virtue of the post or profession.

Work shall be carried out in connection with the implementation of a rule of general application.

Yes

Payment of claims by recipients of funds, securities or goods to the institutions or the insurer, whether or not due to due notice

Banks, securities institutions, insurers and investment vehicles as intended Article 1: 1 of the Law on Financial Supervision , which are registered in the Article 1:107 of that Act the said register.

No general information may be provided from the basic registration information other than the general information name, previous names, date of birth, place of birth, date of death, general information on the address and date of departure from the Netherlands.

No

Identification of persons in the field of social care activities, referred to in Article 2 (d) of the Framework Law VWS grants

"Stichting Ambulante FIOM".

Operations shall be carried out in such a way that no data is supplied to third parties without the express prior consent of the attached members.

No


Annex 6. Data that may be provided on the basis of Article 43

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Annex to Article 43

Data Provision basis in Article 43 First Member Second Member Third Member

I Ngezes and non-residents who have been resident

Other non-residents
The general data referred to in Article 2.7, first paragraph, part a, below 1 ° to 4 °, 6 ° and 11 °, of the Act

x

x

The information on the name, referred to in Article 2.7, first paragraph, part a, below 1 °, of the Act

x

Date of birth, as referred to in Annex 1 to this Decision

x

The name of the relative municipality referred to in Annex 1 to this Decision

x

The administrative data referred to in Article 2.7 (b) of the Act

x

x

The general data referred to in Article 2.69, first paragraph, part a, below 1 ° and 2 °, of the Act

x

x

Administrative data referred to in Article 2.69 (b) (2) (b) of the Act

x

x

The particulars relating to the administration number referred to in Article 4.9, first paragraph, part a, of the Act

x

x

x

The particulars relating to the administration number referred to in Article 4.9, second paragraph, part a, of the Act

x

x