LGP Slovakia / News / Birth certificate number entry

Birth certificate number entry

The extension of the obligation to enter birth certificate numbers in the Commercial Register

Birth certificate number entry

Up-to-date: On 01.07.2021 it has entered into force the Amendment No. 198/2020 Coll. which allows fulfilling the obligation to register all of the identification data of shareholders, statutory bodies or members of statutory bodies, heads of organizational units of enterprises, proxy holders, members of the supervisory body, liquidators, etc. along with the first other registration of change in the data of the respective entity and that within the period after 30.09.2021, but in any case not later than on 30.09.2022. 

The amendment postpones the term mandatory for entrepreneurs (both for existing entities and newly emerging) to enter birth certificate numbers resp. other similar unique identifiers of natural persons to the Commercial Register who are in the following entities especially in the position of:

  • partner in a Limited Liability Company (in Slovak: s. r. o.), Limited Partnership (in Slovak: k. s.) or Public Trading Company (In Slovak: v. o. s.)
  • sole shareholder in a Joint Stock Company (in Slovak: a. s.) or Simple Shares Company (in Slovak: j. s. a.)  

With the amendment, the legislator intends to simplify the referencing of natural persons in the relevant public law registers. Although this is a bureaucratic burden for existing businesses (as well as for registry courts), this pursues the application of the "once and for all" principle. Pro futuro, this means that this entry serves for the future automated changes to already entered data.

As the unique identifier of natural persons in the above position for the entrepreneur shall be used the following:

  • birth certificate number, for citizens of the Slovak Republic and other persons (e.g. foreigners granted residence in the Slovak Republic) in the above position;
  • another unique identifier of a natural person (e.g. travel document number), for persons to whom a personal identification number has not been assigned in the Slovak Republic.

For existing entrepreneurs, the above-mentioned registration obligation means that by the set deadline (30.09.2022), they are obliged to enter the above-mentioned identifier into the commercial register electronically, by means of the respective form. This act is a subject to a EUR 33 court fee.

For new entrepreneurs, the above-mentioned registration obligation means that when a company is first registered in the Commercial Register, the data must be filled in the part of the form for natural entities in the position of the above-mentioned entities. 

Representatives of the Ministry of Economy of the Slovak Republic declared that they are looking for a way to relieve entrepreneurs from this bureaucratic and for existing entrepreneurs also the fee obligation, as the state has all the birth certificate numbers.

The unique identifiers of natural persons listed above, in accordance with the legal obligation to protect personal data, will not be part of the public part of the commercial register (i.e. they will not be released to the public).

The paradox is that in one of the last amendments to the Act no. 315/2016 Coll. on the register of partners of the public sector amending certain Acts, was the registration of the birth certificate number in the so-called verification document, directly excluded by law. This is justified by the fact that the birth certificate number as a generally applicable identifier is protected within the Section 2 of the Act no. 18/2018 Coll. on the protection of personal data.

In conclusion, we state that we cannot avoid the question of whether the legislator sufficiently addressed the obligation to comply with the principle of minimization of processed personal data pursuant to Art. 5 par. 1 letter (c) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46 /ES (General Data Protection Regulation) (hereinafter only the “GDPR Regulation”) and the obligation of fulfilling the condition of necessity of processing personal data according to Art. 6 par. 1 letter e) GDPR Regulations. We believe that the above-mentioned objective of simplifying the referencing of natural persons in the relevant public-law registers could be achieved even without expanding the scope of personal data entered.

Author:

Mgr. Tomáš Popovič, associate