Last updated: 09/08/2026
Norkent for Netherlands
Working Hours Act + GDPR/UAVG. Biometrics prohibited for clocking. The Works Council must approve systems.
ISONL
CurrencyEuro (EUR)
LanguageDutch and Frisian
Weekly hours60 h isolated; 48 h average (16 weeks)
VacationMinimum 20 days (4x weekly)
Record retention7 years (tax rules)
Legal framework and labour authority
Main labour law: Burgerlijk Wetboek (Book 7, Title 10, on the employment contract) y Arbeidstijdenwet (ATW, Working Hours Act).
Code / number: Civil Code Book 7, Title 10; Working Hours Act (ATW); Regulation (EU) 2016/679 (GDPR); UAVG (Dutch GDPR Implementation Act).
Labour authority: Dutch Labor Inspectorate.
Official sources: rijksoverheid.nl; autoriteitpersoonsgegevens.nl; wetten.overheid.nl.
Working hours and overtime
Maximum weekly hours: The ATW does not set a single weekly maximum but rules by periods: a maximum of 12 hours per shift, 60 hours per week and a 48-hour weekly average calculated over any period of 16 consecutive weeks.
Rest between shifts: Minimum 11 consecutive rest hours within a 24-hour period; once every 4 weeks it may be reduced to 8 hours (ATW).
Weekly rest: Minimum 36 consecutive hours every 7 days, or 72 hours every 14 days, always including a Sunday or an equivalent rest day (ATW).
Overtime premium / compensation: The ATW does not set legal overtime surcharges; the surcharge is governed by the individual contract or the applicable collective agreement (cao).
Breaks and leave
Vacation: Legal minimum of 20 vacation days per year for a 5-day working week (equivalent to 4 times the number of working days per week), under art. 7:634 BW.
Maternity: Maternity leave of at least 16 weeks (4 before birth + 10 after, configurable), paid by the UWV.
Paternity: Parental leave of once the number of weekly working hours (full-time = 1 week), paid by the UWV.
Personal data protection
Data protection law: Regulation (EU) 2016/679 (GDPR) and UAVG (Uitvoeringswet AVG, the Dutch GDPR implementation act).
Competent authority: Autoriteit Persoonsgegevens (AP, Dutch Data Protection Authority).
Geolocation: Limited to validating start/end of the workday (no continuous tracking); continuous use exceeds the purpose of time control and violates the GDPR minimization principle.
Biometric data: Limited to authentication and security (art. 29 UAVG); Dutch case law prohibits their use for ordinary clocking.
Workplace monitoring: Limited by the Works Councils Act (WOR): any control system that may affect employees' privacy requires prior consent from the Works Council (Ondernemingsraad).
Digital attendance systems
Digital recording allowed: Yes, as long as the system complies with the GDPR principles of minimization and proportionality and has the Works Council's approval.
QR recording: Yes, allowed.
Mobile device recording: Yes, allowed, in compliance with the GDPR and the WOR.
Manual recording: Yes, allowed.
Status of Norkent in Netherlands
Allowed with conditions
The Netherlands stands out for the case-law and regulatory prohibition of using biometrics for ordinary clocking, which favors Norkent. Before its implementation, a company should consider:
1. Works Council approval: if a Works Council exists, obtain its prior consent to implement the system (art. 27.1.l WOR). In the absence of a WC, the Kantonrechter may be used for substitute authorization.
2. Information to the worker: inform workers about the existence, purpose and processing of the system (GDPR).
3. Limited geolocation: if activated, limit it to validating start/end of the workday, without continuous tracking.
4. Record retention: keep records for at least 7 years for tax purposes (Belastingdienst).
5. Data processing agreement: formalize a Verwerkersovereenkomst (data-processing agreement) with Norkent under the GDPR.
6. Biometrics: Norkent does not use biometrics, so it avoids the Dutch prohibition on using biometrics for clocking.