ITEM Test case: Update on DigiD for cross-border workers
The Institute for Transnational and Euregional cross border cooperation and Mobility / ITEM investigates a number of aspects in relation to cross-border work. One obstacle that cross-border workers face involves obtaining a 'DigiD', the Dutch digital identification system. Regarding this obstacle proceedings were initiated in recent months, which have led to a ruling of the District Court of The Hague. Unfortunately, this ruling is not satisfactory, and an appeal has been lodged.
A person of Belgian nationality works for a company in The Netherlands. She has applied for a DigiD code in the Netherlands. DigiD stands for Digital Identity, which is required for logging in to many public websites and a large number of websites of other organizations that operate in the Netherlands. Without a DigiD code it is impossible, for example, to view one's pension accrual status online; access the inbox on Mijnoverheid.nl, a personal website on public matters; or apply for income-related fiscal compensations known as Toeslagen.
Her DigiD application was refused, however, as a DigiD code is only is provided to a person of Dutch nationality or a resident of the Netherlands, pursuant to the Generic Digital Infrastructure (GDI) Provisions Regulation (Regeling voorzieningen GDI).
Proceedings were initiated against this decision, which have led to a ruling of the District Court of The Hague. Unfortunately, this ruling is not satisfactory, and an appeal has been lodged with the Administrative Section of the Council of State.