A Guide to Employee Background Checks in Argentina

Key takeaways

Well-executed employment background checks ensure a detailed verification of employment history, education, criminal records, and other relevant checks for informed hiring.
Employment background checks in Argentina must comply with the Personal Data Protection Law, which means obtaining written consent, collecting only relevant data and maintaining the confidentiality and security of the data.
Employers should be cautious of data retention, discrimination, and relying on inaccurate information during the background check process to avoid legal issues.

Employee background checks should be a standard part of your recruitment process when looking to hire in Argentina. Although not mandatory, they are a common practice, especially in finance, healthcare, education and government agencies.

Pre-employment background check of your job applicants not only helps confirm the competencies of your new hire but also ensures a safe and reliable working environment.

Argentina is a hot spot for hiring with its rich pool of over 130,000 software engineers, time zone compatibility with North America, and plenty of English speakers. Considering this, having a smooth background check process can boost your hiring success in Argentina's talent-rich market.

In this post, you will discover:

How to run an effective and legal employment screening in Argentina
What types of checks are the most common
What mistakes to avoid when performing a background check in Argentina

Essential information for a background check in Argentina

An employee background check is the process of verifying a potential hire’s work history, education, professional qualifications, and any criminal records they might have. It’s particularly beneficial to run before finalizing an employment offer or signing a contract, as it ensures the candidate meets the company's standards and requirements.

In Argentina, the primary legislation governing the collection and use of personal data is the Personal Data Protection Law (PDPL). This law, enacted in 2000, regulates the processing of personal data and aims to protect the fundamental rights of individuals. The Argentine Agency of Access to Public Information (AAIP) is the regulatory body responsible for overseeing compliance with the PDPL.

When conducting background checks in Argentina, it is crucial for employers to adhere to the PDPL. This includes obtaining consent from the candidate for conducting the background check, ensuring the accuracy and relevance of the information collected, and maintaining the confidentiality and security of the data. Additionally, any transfer of personal data to other countries must comply with the PDPL's requirements.

Are background checks legal in Argentina?

Background checks are legal in Argentina, provided they comply with the PDPL. However, there are a few considerations to keep in mind as an employer:

The law emphasizes the importance of obtaining the candidate's consent before conducting any background check
Employers must inform candidates about the purpose of the background check and the type of information that will be collected
Transparency and consent are fundamental principles that guide the legality of background checks in Argentina
Sensitive information, such as health records or religious beliefs, is protected under the PDPL

What types of background checks are illegal in Argentina?

Under the PDPL, certain types of background checks that infringe upon individuals' privacy rights are considered illegal.

Conducting credit checks without explicit consent or conducting extensive social media background checks without a clear job-related purpose may violate data protection law
Unauthorized collection of sensitive data such as health records, sexual orientation, political affiliations, or religious beliefs
Conducting credit checks without a valid reason related to the job position is prohibited

In Argentina, penalties for violating data protection laws can range from observations and fines to business closures or database cancellations. Specifically, fines can vary from AR $1,000 to AR $100,000, depending on the severity of the violation. For moderate infractions, fines can reach up to AR $3 million, severe violations up to AR $10 million, and very severe infractions up to AR $15 million.

Common background check industries

In Argentina, background checks are prevalent across various industries, including finance, healthcare, education, and government.

Financial sector often conducts rigorous background checks due to the sensitive nature of the roles and the regulatory requirements
Healthcare industry prioritizes comprehensive background checks to ensure patient safety and regulatory compliance
Educational institutions and government agencies also place a strong emphasis on verifying the credentials, and backgrounds of potential employees to maintain the integrity of their institutions

Types of background checks in Argentina

In Argentina, effective employment screening covers essential aspects to evaluate a candidate's abilities. Knowing these areas helps employers tailor screening processes to meet job requirements and legal standards.

Type of Check	Common in Argentina?	Reason
Employment History	Common	Validates work experience and reliability
Educational Qualifications	Common	Ensures academic credentials are legitimate
Criminal Records	Common	Assesses potential risks and legal compliance
Credit History	Less Common	Ensures the legitimacy of the candidate's educational background and qualifications
Social Media Screening	Less Common	Limited use due to privacy and data protection laws
Drug Testing	Less Common	Restricted by privacy laws and labor regulations

Background check mistakes to avoid in Argentina

No matter if you’re hiring employees or contractors in Argentina, there are a few things that you shouldn’t do as an employer when it comes to background checks

Skipping consent: Failing to obtain explicit consent from candidates before conducting background checks violates the PDPL and can lead to legal consequences.
Mishandling sensitive data: Improper handling of sensitive personal data, such as health records or political affiliations, can result in severe penalties under the PDPL.
Neglecting transparency: Lack of transparency in communicating the purpose and scope of the background check to candidates can erode trust and lead to compliance issues.
Relying on unverified sources: Depending on unverified sources or informal channels for background information can compromise the accuracy and legality of the checks.
Ignoring Data Privacy Laws: Disregarding the stringent data privacy laws in Argentina can lead to legal liabilities and damage the employer's reputation.

Step-by-step guide of employee background checks in Argentina

Below is a list of steps that employers in Argentina should follow to ensure a legal and effective background checks:

Obtain candidate consent: Before initiating a background check, obtain explicit consent from the candidate in writing, clearly outlining the purpose and scope of the check. Although it’s not specified in the law, written consent is recommended for documentation and compliance purposes.
Identify information to be verified: Determine the specific information to be verified, such as employment history, educational qualifications, and professional certifications.
Engage a professional background check provider: Consider partnering with a reputable background check provider with expertise in conducting checks in Argentina to ensure compliance with local laws and regulations.
Verify employment history: Validate the candidate's employment history, including positions held, duration of employment, and performance.
Authenticate educational qualifications: Confirm the candidate's academic credentials and degrees from relevant institutions.
Check professional licenses and certifications: Verify any professional licenses or certifications claimed by the candidate to ensure their authenticity.
Review criminal records: Conduct a criminal background check within the legal boundaries set by the PDPL to assess any criminal history.
Assess financial history: If relevant to the role, review the candidate's financial history, including creditworthiness, bankruptcy filings, and financial stability.
Respect data privacy: Ensure that all personal data collected during the background check process is handled with strict adherence to data privacy laws.
Communicate findings to candidates: After completing the background check, communicate the findings to the candidate in a transparent and respectful manner, allowing them the opportunity to address any discrepancies.

With the requirement for a comprehensive background check for our contractors, I highly recommend Deel's background check add-on service for their unparalleled accuracy and efficiency. Deel not only streamlines the vetting process but also ensures a thorough examination of candidates, providing a reliable foundation for informed hiring decisions.

Andrew Swaby, CEO, ATS Investments Group

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