During a job interview an employer may not ask about your health or past sickness absence, nor about private matters such as your family or plans to have children [1][2]. In the application stage an employer also may not ask for a copy of your identity document or your citizen service number (BSN) [3]. Asking about your previous salary isn't yet prohibited by law, but a bill aims to change that [4].
What may an employer not ask?
- Health. An employer may not ask whether you have an illness or disability, nor about your past sickness absence. You only have to say something if it's directly relevant to the role, for example because you can't perform important parts of it [2].
- Pregnancy and plans for children. You aren't obliged to say that you are or want to become pregnant. If you're asked, you don't have to answer truthfully. An employer may not reject you because you're pregnant or want to become pregnant [2]. The government's business portal also lists questions about family or plans for children as questions that may not be asked [1].
- Criminal record. An employer may not ask about it unless the role makes it relevant; usually a certificate of conduct (VOG) is enough [3].
- BSN. An employer may only ask for it once you start working there; an exception applies to check whether you belong to the target group of the job agreement for people with an occupational disability [3].
- A copy of your identity document. An employer may check your identity by having you show the original, but may not make a copy, scan or photo in the application stage. On hiring, the employer is legally obliged to keep a copy [3].
What is allowed?
An employer may ask about what is relevant to the role: education, experience, motivation and availability, for example the number of hours a week you can work next to your studies. Screening is allowed, but only on data needed for the risks of the role [5]. The employer must tell you in advance that a screening takes place, why, which data are examined and why they're relevant, and inform you of the outcome afterwards. According to the Dutch data protection authority, consent isn't a valid basis for screening, because an applicant depends on the employer [6].
How long may an employer keep your data?
If you aren't hired, it's customary for the employer to delete your data no later than four weeks after the end of the application procedure. You can give consent for longer retention, for example for a later vacancy; a reasonable period for that is a maximum of one year after the procedure ends [2][3]. You also have the right to access, correct and, in some cases, delete your data [2].
And questions about your previous salary?
The EU pay transparency directive provides that employers may not ask applicants about their pay in current or previous employment (Article 5) [7]. The deadline for transposition into national law was 7 June 2026 [7]. The Dutch bill was submitted to the House of Representatives on 21 May 2026, contains a ban on asking about the last salary earned in talks about employment conditions, still has to be approved by both Chambers and, according to the Dutch government, is intended to take effect on 1 January 2027 [4]. Position as of 11 October 2026; read more in our article on pay transparency.
What can you do as an applicant?
- Answer what's relevant to the role and, if needed, ask why a question is being asked
- Ask how long your data will be kept and what happens to your CV if you aren't hired
- Take questions or complaints to the organisation first; if you can't resolve it together, you can file a complaint with the Dutch data protection authority [2]
What can you do as an employer?
- Ask the same basic questions of all candidates and base them on the role
- Ask about availability in hours and days, not about private circumstances
- Don't make a copy of the identity document before hiring and don't ask for the BSN [3]
- Delete the data of rejected candidates in good time, or ask consent to keep them longer [2][3]
Sources
- Ondernemersplein (Rijksoverheid): Stappenplan personeel aannemen, accessed 11 October 2026.
- Autoriteit Persoonsgegevens (2025): Job applications (quick answers for applicants), accessed 11 October 2026.
- Autoriteit Persoonsgegevens (2025): Personal data of applicants, accessed 11 October 2026.
- Rijksoverheid (2026): Meer openheid over loonkloof tussen mannen en vrouwen, accessed 11 October 2026.
- Autoriteit Persoonsgegevens (2025): Personal data during screening, accessed 11 October 2026.
- Autoriteit Persoonsgegevens (2025): Screening, accessed 11 October 2026.
- EUR-Lex (Europese Unie) (2023): Richtlijn (EU) 2023/970 ter versterking van het beginsel van gelijke beloning (artikel 5), accessed 11 October 2026.
