Services Act: making it easier to do business in other EU countries

Do you want to establish yourself as a service provider in another country in the European Union (EU)? Or do you want to provide your services in another EU country without being established there? The European Services Directive makes this easier. And you can arrange your business affairs via 1 digital service desk. 

In the Netherlands the Services Directive is incorporated in the Services Act (Dienstenwet).

What does the Services Act mean for entrepreneurs?

The EU Services Directive, and its Dutch transposition the Services Act, is intended to further the European single market for services. It aims to remove legal and administrative barriers, making it easier for businesses to offer their services in other EU countries.  

If you are a resident from one of the countries within the European Economic Area EEA (Europese Economische Ruimte, EER) or from Switzerland, you are free to offer your services in the Netherlands without any legal or practical obstructions. You can do this either by establishing your company in the Netherlands or by offering your services in the Netherlands from within your own country.  You can arrange many of your business affairs via the government’s digital service desk Message Box.

Same rules for Dutch and EU service providers

Under the Services Act the rules that apply to your services are basically the same as for Dutch nationals. Therefore, in principle it makes no difference to Dutch law if you are a foreign (EEA) or a Dutch service provider. Nor does it matter whether you offer the service permanently (establishment), or as a temporary, cross-border activity. 

In Dutch legislation, specific rules may apply to the activity itself. Who performs the activity or where they come from is considered not to be relevant.

Professional qualifications

There are no legal differences between Dutch or EU citizens to practise professions, but for certain professions you may need to meet specific requirements. For example regarding your professional qualifications.

Do you work with foreign self-employed professionals or freelancers? Then check if they are allowed to reside and work in the Netherlands. If they come from outside the EEA and Switzerland they will generally need a work permit.

Establishment in the Netherlands

For certain activities or services, you need an establishment in the Netherlands. For example, if you want to run a cafe or set up a childcare centre. In these cases, different laws and regulations apply, and you must register your establishment in the Netherlands with the Netherlands Chamber of Commerce KVK and the Netherlands Tax Administration.

Language requirements

Does your foreign employee work on a hazardous task or as a healthcare professional? Then they may be required to have sufficient command of the Dutch language to perform the task safely. This also applies to temporary workers. 

Contact the government digitally

The Services Act gives you the right to deal with the government digitally. For example, you can apply for a permit digitally. The government must then send you a confirmation and let you know within what timeframe you will receive a reply.

Point of Single Contact

One of the requirements of the Services Directive, is that all EU countries must have a so-called Point of Single Contact where entrepreneurs can arrange their affairs securely. A Point of Single Contact offers information about the procedures that are covered by the Services Act. In the Netherlands this Point of Single Contact is Business.gov.nl, and its Dutch-language counterpart Ondernemersplein. For these procedures you can also make use of Message Box, a secure email application to digitally apply for documents such as permits. The European Commission's website contains a list of all Points of Single Contact within the EU.

To whom does the Services Act apply?

The Services Act applies to almost all entrepreneurs who provide services in the EU countries, Iceland, Liechtenstein, and Norway (the EEA countries). For example:

• installation companies
• real estate agents
• painters
• window cleaners
• plumbers

Not all services are covered by the Services Act. You can find an overview of services that are covered by the Services Act in the EU’s Quick guide to the services directive.