Article
3 min read
Author
Michał Kowalewski
Published
April 05, 2024
Last Update
June 21, 2024
Table of Contents
What should employers know before running background checks in Ireland
Are background checks legal in Ireland?
What types of background checks are illegal in Ireland?
Common background check industries in Ireland
Types of employee background checks in Ireland
Background check mistakes to avoid in Ireland
Step-by-step guide to employee background checks in Ireland
Many companies in Ireland use background checks to hire trustworthy and qualified employees, especially in finance, healthcare, education, and technology. While not always required by law, these checks offer peace of mind for employers.
Ireland has a strong reputation for its talent pool. Over half (more than 56%) of 30-34 year olds in Ireland hold college degrees, exceeding the European Union average. This is likely due to Ireland's investment in education and focus on STEM fields (Science, Technology, Engineering, and Math).
With a booming tech sector, numerous multinational companies, and a thriving startup scene, Ireland's job market is competitive. Background checks can be a valuable tool in ensuring companies hire the best people for the job.
In this article you’ll learn:
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, ensuring the candidate meets the company's standards and requirements.
In Ireland, employee background checks are governed by the General Data Protection Regulation (GDPR), and the Data Protection Acts 1988–2018, while the Data Protection Commission (DPC) oversees the adherence to these laws.
Yes, background checks are legal in Ireland, provided they are conducted within the framework of the Data Protection Acts and GDPR.
Employers must have a legitimate reason for conducting these checks and must obtain explicit, informed consent from the job applicant. It is also essential to limit the scope of the checks to information directly relevant to the job role. Additionally, while it’s not specified in the law, written consent is recommended for documentation and compliance purposes.
Certain practices and types of background checks in Ireland are restricted or considered illegal. Global employers running employemen screening should stay clear of:
Violating data privacy laws during employee background checks in Ireland can lead to serious legal consequence due to strict adherence to the GDPR and local data protection laws.
GDPR has a two-tier system fine system for dealing with such infringements.
For less serious violations, like failing to be transparent about the background check process, companies could be fined up to €10 million or 2% of their global annual revenue from the preceding financial year, whichever is higher.
More serious infractions, such as conducting checks without explicit consent or inadequate data security measures, could lead to fines of up to €20 million or 4% of the company's global annual revenue from the previous fiscal year, whichever is greater.
The Irish Data Protection Commission enforces these fines and has a reputation for strict enforcement of data privacy regulations. While the DPC hasn't publicly disclosed specific background check-related fines, it has issued substantial fines for other GDPR violations, highlighting its commitment to data protection.
In Ireland, many types of jobs need to check the backgrounds of people they want to hire. This is to make sure they are hiring good and trustworthy people. Some of the main job areas where these checks happen a lot include:
Effective employment screening in Ireland 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 Ireland | Reason |
---|---|---|
Criminal record check | Common | Ensuring that the candidate does not have a history of criminal behavior that could pose a risk to the company or its employees |
Employment history | Common | Verification of the accuracy of the candidate's work history and claims on their resume |
Educational verification | Common | Confirmation that the candidate has the qualifications they claim, ensuring they meet the job's educational requirements |
Reference checks | Common | Gaining insights into the candidate's work ethic, skills, and behavior from previous employers or colleagues |
Credit history | Rare | Used for roles that require financial responsibility to assess the candidate's financial reliability and risk of fraud. (Note: This is highly regulated and often requires the candidate's consent) |
Social media screening | Less common | To understand the candidate's public persona and ensure it aligns with the company's values. (Note: This must be conducted with respect to privacy laws and ethical considerations) |
International background | Depends on the industry | For candidates who have lived, worked, or studied abroad, to ensure a comprehensive background check that includes foreign records |
Driving record | Role-specific | For roles that involve driving or vehicle operation, to ensure the candidate has a clean driving record and is a responsible driver |
Whether you’re hiring employees or contractors in Ireland, there are a few things you shouldn’t do as an employer when it comes to background checks:
Global employers looking to recruit talent in Ireland should treat this list of steps as a guideline that will help ensure legal, effective, and thorough employee background checks.
Obtain consent: Start by obtaining explicit consent from the candidate, outlining the scope and purpose of the background check
Verify Identity: Verify the candidate's identity using government-issued documents.
Check employment history: Contact previous employers to verify positions held and durations of employment
Verify educational background: Verify academic credentials directly with the institutions.
Check criminal record: Conduct a criminal record check through the Garda Vetting Service, where relevant to the job role
Check credit history: For financially sensitive positions, a credit check may be conducted with the candidate's consent
Check references: Contact provided references to gain insights into the candidate's abilities and character
Screen social media: With consent, review public social media profiles for any potential red flags
Check regulations: For regulated industries, verify the candidate's standing with the relevant regulatory bodies.
Check compliance: Ensure all collected information complies with the Data Protection Acts and GDPR
You can also automate this process using Deel, and get a fast employee background check, with results coming in a matter of minutes.
We've had a great experience onboarding our global employees through Deel. The background check integration/add-on made this process even smoother, and it was helpful to get the reassurance that all steps of onboarding, including the background check would be completed in time to get our employees on board by their projected start date.
—Jennifer Larimore,
Director of Human Resources and Recruiting
Solutions
© Copyright 2024. All Rights Reserved.