New laws as of January 1, 2024 | News item

News item | 18-12-2023 | 08:00

Use of personal data for the purpose of intimidation is punishable

The use of sharing someone else’s personal data with the intention of intimidating that person – also known as doxing – will be punishable from January 1. The phenomenon of doxing is common. Personal information, such as addresses and phone numbers, as well as private information about family members, is distributed in app groups so that it can be used to scare someone. This has a major impact on the people who are targeted in this way. They fear for their safety and that of their loved ones. They can no longer express their opinions without any worries. Or they are no longer able to fulfill their duties. This affects our fundamental freedoms and the functioning of our democratic constitutional state.

It is often care providers, police officers, journalists and politicians who become victims of doxing. But scientists, opinion makers or municipal employees also have to deal with people who distribute or forward their personal data with the aim of intimidating them. Doxing is not limited to certain professions, people can be confronted with this for all kinds of reasons. Consider, for example, someone who posts a photo and telephone number of an ex-partner on a dubious online forum to frighten that person.

Tackling animal abuse and animal neglect more robustly and effectively

Animal abuse and animal neglect will be tackled more firmly and effectively from 1 January 2024. This will, among other things, expand the options for closing companies if the welfare of animals is threatened. There will also be an option to impose a ban on keeping animals as an independent measure. In addition, the statutory maximum sentences for, among other things, animal abuse and animal neglect will be increased to five years. These legislative changes will now enable faster and more effective action in tackling animal abuse and animal neglect.

In serious cases, a ban on keeping animals can be imposed on the suspect. This is a very effective measure to prevent new animal suffering. The ban on keeping animals can be imposed in more cases and for a longer period: in the most serious cases, even for life. Violation of the ban on keeping animals is punishable separately. This means that any violation of the ban on keeping animals can be enforced tit for tat.

Combined surname

Since the introduction of the Civil Registry in the Netherlands in 1811, children were automatically given the father’s name. Since 1998 it has also been possible to choose the mother’s name. The new law also allows parents to give a double surname to their children. The new law will come into effect on January 1, 2024. Parents can make use of this new option if their first child is born on or after January 1, 2024. The chosen surname will then apply to all their subsequent children.

The law also includes a transitional arrangement. If their eldest child was born on or after January 1, 2016, parents can still choose a double surname. From January 1, 2024, they have 1 year to choose the double surname. The choice of a double surname is not mandatory. If parents do not make a choice, a child will receive the surname of the birth mother if the parents are not married or registered partners. In the event of a marriage or registered partnership, the child receives the surname of the father or co-mother.

Close home in case of serious violence

Explosions at homes, shootings at a building, the use of serious violence at a building in a residential area and local residents who do not feel safe when they find weapons in a home. As of January 1, 2024, it is legally regulated that mayors have the authority to close a home in such situations in order to monitor public order in a neighborhood. Mayors were already allowed to close a home in the event of serious disruption of public order due to behavior taking place in that home. But that has not proven to be sufficient in all cases. Mayors have therefore recently resorted to emergency orders to create peace in a neighborhood. With the extension of the closing authority, mayors – and also the governors of Bonaire, Sint Eustatius and Saba – can now also close a home when public order around the property is seriously disturbed or there is serious fear of this. Furthermore, a rental agreement can be terminated extrajudicially and expropriation can take place if a building is closed by the mayor to maintain public order.

Disadvantage compensation

As of January 1, the right to disadvantage compensation is legally established in the General Administrative Law Act. Disadvantage compensation is compensation for unequal disadvantage caused by lawful work by the government. If a government carries out its work lawfully, citizens and entrepreneurs must basically pay for the damage caused by it themselves. However, this is not the case if certain citizens or companies are hit unequally hard. On grounds of equality, this damage is paid by the government in the form of disadvantage compensation.

Decision to adjust statutory interest

As of January 1, the statutory interest rate will be adjusted from 6% to 7%. Unpaid claims may be increased with statutory interest. Citizens with claims receive statutory interest as compensation. Citizens in debt pay statutory interest as compensation if they do not pay. The statutory interest is also part of the maximum credit compensation that may be charged for borrowing money, overdrafting and purchasing on installments. With the increase in the statutory interest rate, this maximum credit compensation increases to 15%. The statutory interest is calculated every six months based on the ECB interest rate. The increase in the ECB interest rate is the reason that the statutory interest rate also rises by 1 percentage point.

Decree on changes to the compensation of administrator for debt restructuring

As of January 1, the part of the compensation of administrators for statutory debt restructuring programs that is independent of the term of a program will increase. The reason for this is that the statutory debt restructuring scheme has been shortened from 3 to 1.5 years as of July 1, 2023. Moreover, since this reduction, the term can already start once repayment has started in the extrajudicial process. As a result, administrators have to perform the same work in a shorter time and are given additional work. With the increase in the term-independent part of the compensation, the compensation for the work of administrators remains appropriate. This prevents the work from becoming unattractive, fewer administrators and ultimately fewer debtors can be helped.

Reduction of court fees

As of January 1, 2024, court fees will be reduced by 13.5 percent. Court fees are costs that everyone must pay to bring a case to court and to defend themselves in a case before a judge. The reduction in court fees applies to all cases, except civil cases above 100,000 euros and cases brought before the Netherlands Commercial Court. The reduction consists of definitively abandoning the indexation for 2023 and reducing the indexation for 2024. This therefore concerns a reduction in the court fees as they would otherwise have been if the indexations had been implemented without adjustments. A total of 27 million euros has been structurally allocated for the reduction.