LAW EXPLAINED
Compulsory Identification Act (WID)
The WID obliges everyone from the age of 14 to identify themselves with a valid ID. In the workplace, this means establishing the identity of each employee before the first day of work, and you can later prove that you have done so.
What is the WID?
The WID stands for the Compulsory Identification Act. Since January 1, 2005, the Netherlands has had an extensive identification requirement: everyone aged 14 and older must be able to show a valid ID at the request of an authorized person.
In the workplace it goes further than just showing. An employee must identify himself before entering into the employment contract, and the employer must check and record that identity. The employer's obligation begins in that distinction between showing and checking and storing.
The WID forms the basis for almost every other form of personnel compliance. Without an established identity you cannot demonstrate that you meet the requirements Aliens Employment Act, and your verification runs within the context of Know Your Employee fixed at step one.
1.5 million+
verifications per year
Reliable identity and document control at scale, for organizations that need certainty about who works there.
14 years
legal identification requirement from this age
200+
countries covered worldwide
48 hours
standard retention period DataChecker
ISO 27001
certified information security
Which documents apply upon commencement of employment?.
Not every ID suffices for the employer check. The difference is in the nationality and residence status, which are missing from some documents.
VALID
Suitable for the verification obligation
- Dutch passport or identity card
- Passport or ID card from an EEA country
- Alien or residence document
- Passport outside the EEA with valid residence sticker
NOT VALID ON ENTRY
Valid at the workplace, not when employed
- Driving license (no nationality stated)
- Statement from the Tax Authorities with BSN
During the work itself, a Dutch or European driver's license does serve as a valid proof of identity. The difference is only in the check upon commencement of employment.
What the WID demands from employers.
The identification obligation translates into three concrete tasks for employers. Together they form the core of what you must be able to demonstrate during an audit.
Verification obligation
Verify the identity of each employee using a valid and original ID before the first day of work. A copy or photo is not sufficient for the determination itself.
Retention obligation
Keep a copy of the ID in your administration. Temporary workers are subject to a retention period that the employer must adhere to, even after the end of the employment contract.
Duty of care
Ensure that employees can show their ID at the workplace during an inspection. As an employer, you have an interest in ensuring that this is in order, because in the event of illegal employment you yourself are under the magnifying glass.
Please note the distinction in the retention obligation: the legal retention period of the copy lies with the employer. DataChecker bewaart gevoelige documenten standaard maar 48 uur en verwijdert ze daarna, juist om de hoeveelheid opgeslagen identiteitsgegevens te minimaliseren.
Where things go wrong with the identification requirement.
Most organizations know that they have to identify. Where things go wrong is in the implementation: a copy that is incomplete, a document that has not been checked for authenticity, or a file that cannot be quickly found during an inspection.
It becomes more complex with temporary work and hiring. It is not always clear who actually determines the identity and who keeps the file. This is precisely where the Labor Inspectorate intervenes, because the client is partly responsible for who is on the floor.
A conclusive first check with ID verification en een aantoonbaar dossier verkleinen precies dat risico.
RISKS OF INADEQUATE CONTROL
- Fine for illegal employment
- Co-responsibility as a client in the chain
- Incomplete file during an inspection check
- Reputational damage and loss of certification
Identiteit vaststellen en aantonen.
The WID requires an established identity and a demonstrable file. DataChecker turns that obligation into a process that is correct and that you can demonstrate.
DETERMINING WHO SOMEONE IS
ID verification
Verify an ID for authenticity with document checking, facial comparison and liveness detection. This allows you to intercept forged documents and deepfakes during the first verification, before someone comes on the payroll.
Where it fits: hiring, onboarding of temporary workers, and any time when you need to be sure that a document is genuine and belongs to the person.
MAKE REUSABLE
Digital ID
Record the verification result as a reusable digital identity. This way you don't have to check again every shift, but you always have the same proof linked to the same person.
Also relevant to the WID: check with Right to Work whether someone is allowed to work in the Netherlands, and streamline the entire intake process Digital Onboarding.
ORGANIZATIONS THAT WORK WITH DataChecker ESTABLISHING IDENTITIES
How organizations keep a grip on identity.
Organizations in temporary work, logistics and transport use DataChecker to determine who works and to record this demonstrably.
PostNL finds in DataChecker a safe partner in chain liability. We work with the systems to our full satisfaction every day to comply with the legal obligations surrounding temporary staff.
PostNL
Parcel and postal delivery
Chain liability and the correct identification of temporary personnel are also an issue for transport companies. Of DataChecker we fully comply with laws and regulations.
RET Rotterdam
Public transport Rotterdam
We really have control over who is allowed to work here, even from abroad.
Carriere Employment agency
International temporary workers
We had to catch up in customer identification and verification. And that's what we are together with now DataChecker doing.
Devrim Demirbas
Director Retail, Anadolubank
Questions about the identification requirement.
Is your question not listed? Please do not hesitate to contact us.
What is the WID?
The WID is the Compulsory Identification Act. This obliges everyone aged 14 and over to show a valid ID upon request. For employers, this means that you determine the identity of an employee before the first day of work and can prove this.
Since when does the identification requirement apply?
The extensive identification obligation has applied since January 1, 2005. Since then, everyone aged 14 and older must be able to identify themselves with a valid ID at the request of an authorized person.
Which documents are valid as proof of identity?
A valid passport, a Dutch or European identity card, and an alien or residence document. A driver's license serves as proof of identity at the workplace, but not during the check upon employment, because it does not state nationality.
What is a WID-number?
In practice the term “WIDnumber” is regulated, but the law does not recognize a separate number WID-number. What people mean is the document number of the ID itself: the passport or ID card number that you record during the identity check. That number, together with the type of document and the validity date, should be in your administration.
Do you want to know which data you are and are not allowed to record and keep? This falls under the privacy rules that also apply ID verification to apply. More about that later.
What obligations does an employer have under the WID?
An employer must establish identity on the basis of an original and valid proof of identity, keep a copy in the administration, and ensure that employees can show their document at the workplace during an inspection.
Is a driver's license a valid ID?
A driver's license is a valid proof of identity at the workplace, but not for identity checks upon employment. A driving license does not state nationality or residence status, and the employer needs this to assess work rights.
Can you keep a copy of an ID?
An employer with a copy obligation, such as for temporary workers, may and must keep a copy of the identity document including BSN. Shielding the BSN on a copy mainly applies to organizations that have no legal obligation to copy.
How long should you keep identity data?
The copy of the ID belongs in the administration, and for temporary workers there is a retention period that the employer adheres to. DataChecker bewaart gevoelige documenten standaard maar 48 uur en verwijdert ze daarna, om de hoeveelheid opgeslagen gegevens te beperken.
How does DataChecker help with the identification requirement?
DataChecker stelt de identiteit vast met ID-verificatie, levert het resultaat in een verificatierapport, en kan er met Digital ID een herbruikbare digitale identiteit van maken. Met dat rapport vul je de verificatie- en bewaarplicht zelf in en kun je het bij een controle laten zien.
How the WID is related to other laws.
The identification obligation does not stand alone. These laws are included for a complete picture of your obligations regarding personnel.
Aliens Employment Act
Regulations who is allowed to work in the Netherlands. The WID determines who someone is, the WAV whether that person also has the right to work.
AML
Requires institutions to conduct customer due diligence. Determining identity is the first step there, just like with the identification requirement for personnel.
AVG / privacy
Determines how you may record and store identity data. Employers with a copying obligation may record more than organizations without this obligation.
Establish identity without accumulating data.
Identity verification means that you process sensitive documents. DataChecker is built on data minimization and EU processing, not on collecting as much data as possible.
ISO 27001 certified
Independently tested information security policy, with annual audit of processes, access and risk management.
EU data and data minimisation
Processing and storage within the EU, with privacy by design and data minimization as a starting point.
48 hours standard retention period
DataChecker bewaart gevoelige documenten standaard maar 48 uur en verwijdert ze daarna. Zo blijft bij een incident de hoeveelheid identiteitsgegevens beperkt.
Establish identity before someone starts work
Comply with the identification requirement with a thorough check and a file that you can show at every inspection.
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