UBO register not deactivated

The Hague Court of Appeal has rejected a request to overturn Dutch legislation on the registration of Ultimate Beneficial Owners (UBOs). The Privacy First Foundation had appealed this request.

The foundation sought summary proceedings to overturn the UBO legislation, arguing it violates fundamental rights, EU principles, and privacy regulations. The preliminary relief judge previously dismissed this claim, and the Court of Appeal has now upheld that ruling.

Serious damage
The Dutch court cannot override national implementing legislation without the Court of Justice of the European Union declaring the European rules on which the UBO register is based invalid. Furthermore, according to the court, it is not plausible that UBOs will suffer irreparable and serious harm in the short term if people learn the name, month and year of birth, place of residence, and nationality of the UBO through the UBO register. According to the court, these are requirements for temporarily suspending legislation based on European directives. Moreover, a UBO who fears that disclosing personal data could expose them to, for example, extortion or kidnapping, can already have that data shielded from the general public.