Article
3 min read
Author
Michał Kowalewski
Published
February 29, 2024
Last Update
June 21, 2024
Table of Contents
Essential information for a background check in Poland
Are background checks legal in Poland?
What types of background checks are illegal in Poland?
Common background check industries in Poland
Types of background checks in Poland
Background check mistakes to avoid in Poland
Step-by-step guide to employee background checks in Poland
Employee background checks should be an integral part of your hiring process in Poland. Although not mandatory, they are a common practice, especially in finance, healthcare, education, security, law enforcement, and public sector.
Poland's rapid economic growth and a strong educational system have made it an attractive hub for hiring, particularly in the IT sector. The country has a pool of highly skilled talent, offering a compelling mix of cost-effectiveness and high-quality output, with minimal cultural barriers and excellent communication skills due to high English proficiency.
When hiring in Poland, it's important to be mindful of local employment laws, especially regarding background checks, which are mostly prohibited unless candidates give their consent. This emphasizes the need for a thorough understanding of local practices to ensure a smooth and compliant recruitment process.
In this article, you will discover:
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 Poland, employee background checks are governed by the General Data Protection Regulation (GDPR), and the President of the Personal Data Protection Office (UODO).
General Data Protection Regulation (GDPR): Emphasizes the protection of personal data in the European Union, impacting how employee background checks are conducted by requiring lawful, fair, and transparent data processing. Organizations must ensure they have a legitimate basis for such checks, often necessitating explicit consent from the individual
President of the Personal Data Protection Office (UODO): Plays a crucial role in overseeing the enforcement of GDPR within the country, ensuring that organizations adhere to data protection and privacy laws during employee background checks and other data processing activities. PUODO's responsibilities include monitoring compliance, providing guidance to organizations, and addressing individuals' complaints regarding data protection violations.
Unique cultural and legal considerations in Poland include a strong emphasis on privacy rights and data protection. Polish culture values personal privacy, and individuals are sensitive about the collection and use of their personal information. Recruiters conducting background checks in Poland must respect these cultural values and ensure that they comply with the stringent data protection regulations.
Background checks are legal in Poland, provided that they comply with the GDPR and other relevant data protection laws.
Recruiters must obtain the candidate's consent before conducting a background check, and the processing of personal data must be justified by a legitimate purpose, such as assessing the candidate's suitability for employment. Although it’s not specified in the law, written consent is recommended for documentation and compliance purposes.
Specific regulations and restrictions related to background checks in Poland include limitations on the types of information that can be collected and the retention period of the data. Recruiters should be aware of the data minimization principle, which requires that only necessary data be processed for the intended purpose. Additionally, sensitive personal data, such as information about criminal convictions, can only be processed under strict conditions specified in the GDPR and Polish labor laws.
In Poland, background checks that involve the indiscriminate collection of personal data or infringe upon an individual's privacy rights are considered illegal.
Stay clear of:
Violating data privacy laws during employee background checks in Poland can lead to significant legal repercussions due to strict adherence to the GDPR and local data protection laws.
Specifically, the GDPR outlines a two-tier fine system for infringements. Less severe violations can result in fines up to €10 million or 2% of the firm's global annual revenue from the previous fiscal year, whichever is higher. More serious infringements, however, can attract fines of up to €20 million or 4% of the firm's worldwide annual revenue from the preceding financial year, again whichever is higher.
Poland's data protection authority issued its first GDPR fine to Bisnode back in 2019. The digital marketing company was fined 220,000 euros for not fulfilling data subject rights obligations under Article 14 of the GDPR. The authority required Bisnode to contact 6 million people to meet its information notification requirements, viewing the company's failure as a significant breach of GDPR principles
In Poland, various industries rely on employee background checks to ensure the integrity and reliability of their workforce. Some of the common industries where background checks are prevalent include:
Effective employment screening in Poland 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 Poland | Reason |
---|---|---|
Criminal Record Check | Common | Essential for assessing the candidate's trustworthiness and ensuring compliance with regulatory requirements |
Employment Verification | Common | Validates the candidate's work history and performance, providing insights into their professional experience and conduct |
Education Verification | Common | Confirms the authenticity of the candidate's educational qualifications, ensuring that they possess the required academic credentials |
Credit History Check | Common | Common for positions involving financial responsibilities, as it assesses the candidate's financial integrity and reliability |
Reference Check | Common | Offers valuable insights into the candidate's work ethic, interpersonal skills, and suitability for the job position |
Social Media Screening | Less common | While social media screening can provide additional insights into a candidate's behavior and professional conduct, its use is less prevalent compared to traditional background checks |
Whether you’re hiring employees or contractors in Poland, there are a few things you shouldn’t do as an employer when it comes to background checks:
Employers looking to hire in Poland should follow the list of steps below to ensure legal and effective and thorough employee background checks.
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