A Guide to employee background checks in Italy

Employee background checks should be an integral part of your hiring process in Italy. Although not mandatory, they are a common practice, especially in finance, healthcare, education, security, law enforcement, and the public sector.

As the third economy in the EU, a member of the G7, and a tourist market powerhouse, Italy can be an attractive destination for businesses wishing to gain a foothold in the region or to expand their operations to a new market. Furthermore, its central position in the Mediterranean, and access to the EU common market place the country in a strategic position for international trade.

To make the most of the opportunities the country has to offer, knowing how to conduct detailed, and legal, background checks on potential employees is crucial for companies wishing to successfully navigate the Italian regulatory landscape, especially when it comes to countering fraudulent qualifications and confirming eligibility to live and work in the country.

In this article, you’ll learn:

• How to run an effective and legal employment screening in Italy
• What the common types of employee checks are in Italy
• How to conduct a thorough employee screening, step by step
• What mistakes to avoid when performing a background check in Italy

Essential information for a background check in Italy

Italy's stringent privacy laws, governed by the Italian Data Protection Code and the European Union's General Data Protection Regulation (GDPR), set a high standard for personal data handling. The Garante per la protezione dei dati personali (Italian Data Protection Authority) plays a crucial role in overseeing these regulations. Moreover, unique cultural and legal considerations, such as the right to privacy and the principle of "Diritto all'oblio" (right to be forgotten), significantly influence the conduct of background checks in Italy.

Crucial to understanding the Italian background check regulatory landscape is the fact that GDPR mandates inform all national regulations, so good knowledge of the European framework is vital.

• The Right to be forgotten (Diritto all'Oblio), regulates the right for individuals to have information about them removed from the public.
• The Garante per la protezione dei dati personali (Italian Data Protection Authority) is an authority with broad powers, tasked with regulating the data landscape, investigating claims of wrongdoing, and exacting sanctions on businesses and individuals who do not comply. 
• Even in cases in which background checks are permitted, discrimination based on race, gender, religion, political views, union affiliation, and other protected categories is always strictly prohibited.

Are background checks legal in Italy?

Yes, background checks are legal in Italy, but they are subject to strict regulations to protect individuals' privacy rights. Employers must obtain explicit consent from the candidate before conducting any background checks and ensure that the information collected is directly relevant to the job role. Specific laws also govern the handling and storage of personal data collected during the screening process. Furthermore, background checks can only be conducted by third parties if this is explicitly mentioned and agreed upon by the candidate employee, so background checks are often conducted in-house by the HR team.

What types of background checks are illegal in Italy?

While generally permitted in Italy, certain types of background checks are considered illegal or heavily restricted in Italy:

• Accessing a candidate's criminal record without legitimate reason or permission is prohibited, though employees can be asked to provide certificates that confirm their good legal standing, such as the Certificato Del Casellario Giudiziale.
• Similarly, checks that could lead to discrimination, such as those related to personal life, political opinions, or religious beliefs, are not allowed.
• Medical checks and drug screenings are also not allowed specifically required for the role.

Employers who violate these regulations may face legal consequences, including fines and reputational damage. The best course of action is to:

• Focus only on checks that are directly relevant to the job's responsibilities
• Obtain explicit consent for any personal information required during the hiring process
• Ensure personal data is handled properly and compliantly

Common background check industries

• Finance: Due to the sensitive nature of financial transactions, background checks are prevalent to prevent fraud.
• Healthcare: Ensuring the qualifications and integrity of healthcare professionals is critical for patient safety.
• Education: Teachers and staff undergo thorough screening to safeguard the well-being of students.
• Information Technology: Given the risk of data breaches, IT professionals often require comprehensive background checks.

Common checks and less common checks

Background check mistakes to avoid in Italy

Whether you’re hiring employees or contractors in Italy, there are a few things you shouldn’t do as an employer when it comes to background checks:

• Skipping consent: Always obtain explicit consent before conducting any background checks.
• Irrelevant checks: Avoid conducting checks that are not directly related to the job's requirements.
• Invasion of privacy: Respect the candidate's privacy by not delving into protected personal information.
• Neglecting compliance: Ensure all background check processes comply with Italian laws and regulations.

Step-by-step guide to employee background checks in Italy

1. Determine the scope: Identify the types of checks necessary for the specific job role, ensuring they comply with Italian law.
2. Obtain explicit consent: Begin by obtaining written consent from the candidate, clearly stating the scope of the background check.
3. Verify identity and legal work status: Confirm the candidate's identity and eligibility to work in Italy.
4. Educational and professional qualifications: Validate academic credentials and professional licenses through direct contact with institutions.
5. Employment history verification: Contact previous employers to confirm positions held and durations of employment.
6. Criminal record check: For roles that legally allow it, request a criminal record check from the candidate, or directly from the relevant authorities with the candidate's consent.
7. Credit history check: Conduct a credit history check if relevant to the job role, ensuring compliance with privacy regulations.
8. Social media and internet checks: Perform a careful review of publicly available information, respecting privacy and anti-discrimination laws.
9. Reference checks: Contact provided references to gain insights into the candidate's abilities and character.
10. Compliance with data protection laws: Throughout the process, ensure all data collected is handled in accordance with GDPR and the Italian Data Protection Code.

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