Change to bonus cap in financial sector on the way
The Act on Cash Payments and Amendment of the Scope of the Bonus Cap was adopted by the Senate on 19 May 2026. The House of Representatives had previously approved the bill, including an amendment that significantly restricts the 20% bonus cap. As a result of this change, the bonus cap will only apply to “identified staff”. This means that for other employees, such as IT specialists and data experts, the statutory bonus cap will no longer apply. In this article, our colleague Ruben Verschuren discusses the implications of this amendment.
Even after this legislative change both the level of the bonus cap (20%) and its formal scope (all financial undertakings) will remain unchanged. However, the category of persons to whom the bonus cap applies will be substantially reduced and limited to individuals “whose professional activities have a material impact on the risk profile of the undertaking” (i.e. identified staff). In this context, various provisions of Chapter 1.7 of the Dutch Financial Supervision Act (Wet op het financieel toezicht), where relevant, will be amended.
This change may have significant implications for financial undertakings operating in the Netherlands. The amendment is expected to result in regulatory relief, operational simplification and an improved competitive position in the labour market. As a result, financial undertakings are likely to review and potentially amend their remuneration policies, in particular to enhance their attractiveness to specialised talent. This may raise questions regarding the definition and identification of identified staff, governance arrangements, compliance requirements, as well as the employment law and supervisory law implications of adjusting remuneration policies.
The earliest possible date of entry into force of the Act on Cash Payments and Amendment of the Scope of the Bonus Cap (or parts thereof) is 1 July 2026, although it remains unclear whether this date will be met.
For further information, please contact Van Doorne: Ruben Verschuren
