What changes?
Are you a debt collector? Debt collection service providers must register with screening authority Justis. Only registered debt collectors are allowed to offer and perform extrajudicial debt collection services. This is laid down in the Debt collection services quality Act (Wet kwaliteit incassodienstverlening - Wki). Justis reviews whether debt collection service providers meet the requirements and can be included in the debt collection register.
You must be registered no later than 1 March 2025. This is 1 year after the act takes effect. You have to pay a fee for registration and you pay an annual fee as a means of funding the supervision.
Quality requirements and supervision
If you perform extrajudicial debt collection services you must make sure your services are of good quality. The law imposes requirements on, among others:
- professional knowledge
- clarity of the claim
- professional etiquette
- provision of information
- administration
- how you treat your clients
The Inspectorate of Justice and Security (in Dutch) is responsible for the supervision of debt collectors and monitors whether they keep to the rules. When the law takes effect, supervision will initially focus on informing and supporting debt collection service providers.
For whom?
- Extrajudicial debt collectors who collect debts on behalf of other organisations or individuals from consumers residing in the Netherlands (or after a debt has been transferred to them).
- Extrajudicial debt collection service providers that perform these services alongside other activities.
Bailiffs and lawyers do not have to register as they are already included in a register on the basis of their profession. However, their debt collection services must meet the quality requirements set by this law.
When?
The law on the quality of debt collection services (Wet kwaliteit incassodienstverlening) is expected to come into effect on 1 March 2024. From then on, debt collection agencies can register with Justis. Debt collectors must meet the quality criteria from the moment the act takes effect. They must make sure they are registered by 1 March 2025.
Please note: The effective date of this measure is not yet final. Entry into force is subject to its passing through the upper and lower houses of parliament or proclamation of the Order in Council (Algemene Maatregel van Bestuur, AMvB) or ministerial decree and publication in the Staatsblad or the Staatscourant (in Dutch).