The Kingdom Data Protection Act
December 15, 2025Author: Caroline Fiévez
The proposed Kingdom Data Protection Act: Requesting a copy of your ID will become more difficult in the future
It often happens that you are asked to provide personal data, such as a copy of your ID. If you refuse, the party requesting the copy may refuse to provide its services, for example, a telecom provider or a healthcare institution. But are they allowed to request and process a copy of your ID?
Many companies request your ID without being sufficiently aware that they are often not entitled to do so. Copies of ID’s are frequently provided because people do not realize that this is not always permitted. An ID contains personal data, and the National Ordinance on the Protection of Personal Data applies to it.
Who is legally permitted to request a copy of an ID?
Certain entities are legally required to ask for a copy of your ID. Your employer must request one because employers are prohibited from hiring foreign nationals without a work permit. Banks and insurance companies are obliged to ask for a copy of your ID. This requirement also applies to notaries, lawyers, trust offices, accountants, car dealers, tax advisors, real estate brokers, and jewelers. The obligation arises from anti–money laundering and anti-terrorism legislation.
A copy may not be requested without a legal basis
For other companies, there is often no legal obligation to request a copy of your ID. If they do so and process it, they act in violation of the National Ordinance on the Protection of Personal Data. In practice, however, it is often difficult to convince companies that they lack a legal basis for requesting a copy of your ID. Moreover, if you do not cooperate, the company in question often refuses to provide its services.
What can you do when a copy of your ID is requested without justification?
If a copy of your ID is requested without a legal obligation, you may at least make the passport photo invisible and, where applicable, also the Citizen Service Number (in Dutch: BSN)(1). However, even this often proves ineffective in practice: entities still demand a visible copy. Often, there is no alternative but to comply with this unjustified requirement.
File a complaint?
The National Ordinance on the Protection of Personal Data provides for an Authority. This Authority would be able to act against individuals and companies that violate the Ordinance. Citizens would also be able to file complaints about unjustified requests for personal data. Unfortunately, however, no such Authority has been established since the law came into force in 2010. Nevertheless, violating the National Ordinance on the Protection of Personal Data remains unlawful, and civil court proceedings are therefore an option.
Kingdom Data Protection Act and the Data Protection Convention
Expectations now rest on the proposed Kingdom Data Protection Act. It is included in the Country Package(2) for Sint Maarten and will apply to Aruba, Curaçao, Sint Maarten, and the BES islands. The Act will bring data protection to the next level. The Data Protection Convention and the 2018 amending
Protocol thereto will also be declared applicable to Sint Maarten. This so-called Convention 108 aligns with the European GDPR and the European Data Protection Directive.
A draft of the Kingdom Data Protection Act is expected in early 2026. The Act will again include an Authority with enforcement powers. If adopted, it will be a game changer, for entities collecting personal data as well as for individuals concerned about unlawful data processing.
Disclaimer:
This blog provides general information and is not intended as legal advice. BZSE strongly recommends seeking personalized legal advice based on your specific circumstances before making any decisions or taking action
(1) E.g use https://play.google.com/store/apps/details?id=com%2Emilvum%2Ekopieid.
(2) The country package is implemented by the Netherlands and Sint Maarten and describes a wide range of reforms including reinforcing the rule of law.
Sint Maarten, December, 2025
Caroline Fiévez
Senior Associate/Attorney
BZSE Attorneys at Law/Tax Lawyers
More articles →
It often happens that you are asked to provide personal data, such as a copy of your ID. If you refuse, the party requesting the copy may refuse to provide its services, for example, a telecom provider or a healthcare institution. But are they allowed to request and process a copy of your ID?
Many companies request your ID without being sufficiently aware that they are often not entitled to do so. Copies of ID’s are frequently provided because people do not realize that this is not always permitted. An ID contains personal data, and the National Ordinance on the Protection of Personal Data applies to it.
Who is legally permitted to request a copy of an ID?
Certain entities are legally required to ask for a copy of your ID. Your employer must request one because employers are prohibited from hiring foreign nationals without a work permit. Banks and insurance companies are obliged to ask for a copy of your ID. This requirement also applies to notaries, lawyers, trust offices, accountants, car dealers, tax advisors, real estate brokers, and jewelers. The obligation arises from anti–money laundering and anti-terrorism legislation.
A copy may not be requested without a legal basis
For other companies, there is often no legal obligation to request a copy of your ID. If they do so and process it, they act in violation of the National Ordinance on the Protection of Personal Data. In practice, however, it is often difficult to convince companies that they lack a legal basis for requesting a copy of your ID. Moreover, if you do not cooperate, the company in question often refuses to provide its services.
What can you do when a copy of your ID is requested without justification?
If a copy of your ID is requested without a legal obligation, you may at least make the passport photo invisible and, where applicable, also the Citizen Service Number (in Dutch: BSN)(1). However, even this often proves ineffective in practice: entities still demand a visible copy. Often, there is no alternative but to comply with this unjustified requirement.
File a complaint?
The National Ordinance on the Protection of Personal Data provides for an Authority. This Authority would be able to act against individuals and companies that violate the Ordinance. Citizens would also be able to file complaints about unjustified requests for personal data. Unfortunately, however, no such Authority has been established since the law came into force in 2010. Nevertheless, violating the National Ordinance on the Protection of Personal Data remains unlawful, and civil court proceedings are therefore an option.
Kingdom Data Protection Act and the Data Protection Convention
Expectations now rest on the proposed Kingdom Data Protection Act. It is included in the Country Package(2) for Sint Maarten and will apply to Aruba, Curaçao, Sint Maarten, and the BES islands. The Act will bring data protection to the next level. The Data Protection Convention and the 2018 amending
Protocol thereto will also be declared applicable to Sint Maarten. This so-called Convention 108 aligns with the European GDPR and the European Data Protection Directive.
A draft of the Kingdom Data Protection Act is expected in early 2026. The Act will again include an Authority with enforcement powers. If adopted, it will be a game changer, for entities collecting personal data as well as for individuals concerned about unlawful data processing.
Disclaimer:
This blog provides general information and is not intended as legal advice. BZSE strongly recommends seeking personalized legal advice based on your specific circumstances before making any decisions or taking action
(1) E.g use https://play.google.com/store/apps/details?id=com%2Emilvum%2Ekopieid.
(2) The country package is implemented by the Netherlands and Sint Maarten and describes a wide range of reforms including reinforcing the rule of law.
Sint Maarten, December, 2025
Caroline Fiévez
Senior Associate/Attorney
BZSE Attorneys at Law/Tax Lawyers
More articles →