Article
3 min read
Author
Michał Kowalewski
Published
February 07, 2024
Last Update
June 21, 2024
Table of Contents
Why hire in Portugal?
Essential information for a background check in Portugal
Are background checks legal in Portugal?
What types of background checks are illegal in Portugal?
Common background check industries
Types of background checks in Portugal
Background check mistakes to avoid in Portugal
Step-by-step guide of employee background checks in Portugal
Run employee background checks with Deel
Employee background checks should be an integral part of your recruitment process when looking to hire in Portugal. Although not mandatory, they are a common practice, especially in finance and healthcare industries.
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.
In this article, you will discover:
Portugal is known for its highly educated and skilled workforce, especially in the tech sector. The country has a strong education system with a focus on technology and business, producing over 7,500 new tech graduates per year from top universities.
This talent pool is complemented by a significant influx of global tech talent due to Portugal's attractive living conditions and tech visa program, making it an ideal location for companies looking to hire skilled professionals. Understanding how to run effective background checks will help you sift through the vast pool of candidates and find the best ones for the job.
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 Portugal, the processing of personal data, including employee background checks, is governed by the General Data Protection Regulation (GDPR) which is aligned with the Data Protection Law of Portugal. The Portuguese Data Protection Authority (CNPD) oversees the enforcement of data protection laws and ensures compliance with the GDPR. Employers must adhere to these regulations when conducting background checks to protect the privacy and rights of job applicants and employees.
Under the GDPR, employers must have a lawful basis for processing personal data for background checks. This lawful basis often includes obtaining the explicit consent of the individual or fulfilling a legal obligation related to the hiring process.
It's important that employers clearly communicate the purpose and scope of the background check to the candidate and obtain their consent before initiating the process.
Background checks are legal in Portugal, provided they comply with the GDPR and national data protection laws. However, there are specific regulations and restrictions that recruiters need to be aware of when conducting background checks.
For instance, GDPR specifies that personal data should not be kept for longer than necessary for the purpose for which it was collected.
Therefore, employers should establish clear retention periods for background check information and ensure its secure storage and eventual disposal in compliance with data protection laws.
It's worth noting that candidates have the right to dispute the findings of a background check in Portugal if they believe the information is inaccurate or misleading. Employers should provide a transparent process for candidates to address discrepancies and provide additional context.
In Portugal, certain types of background checks that infringe upon an individual's privacy or are not directly relevant to the job application process are considered illegal.
Under Portuguese Law No 58/2019, the enforcement of data privacy or data protection violations can result in fines up to €20 million or up to 4% of a company's total worldwide annual turnover in the preceding financial year, whichever is higher.
In addition to administrative fines, criminal offenses related to data protection can lead to imprisonment for up to four years and fines up to €240,000, covering actions like misuse of personal data, unauthorized access, data theft, and violation of the duty of secrecy
One instance when Portuguese privacy laws went into effect was a situation when CNPD imposed a major fine of €400,000 on Hospital do Barreiro in 2018 for GDPR violations, including allowing indiscriminate access to an excessive number of users.
In Portugal, various industries rely on background checks to ensure the integrity and suitability of their workforce.
Type of Check | Common in Portugal? | Reasons |
---|---|---|
Criminal Record Check | Common | Essential for roles involving security, finance, and working with vulnerable populations. |
Employment History | Common | Validates the candidate's work experience and provides insights into their professional background. |
Credit History Check | Less common | Typically used in financial institutions and for positions involving financial responsibility. |
Academic Qualifications | Common | Ensures the legitimacy of the candidate's educational background and qualifications. |
Professional Licenses | Common | Verifies the validity of professional certifications and licenses required for specific roles. |
Drug Testing | Less common | Practices vary depending on the industry, but in transportation, healthcare, manufacturing, and government, drug testing is prioritized due to safety concerns. |
No matter if you’re hiring employees or contractors in Portugal, there are a few things that you shouldn’t do as an employer, when it comes to background checks:
Here are the steps that employers hiring in Portugal should follow to ensure legal and effective background checks:
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,
HR and Recruiting
There’s no need for HR to log into yet another platform or manually chase documents. With screenings in over 200 countries and territories (and counting), for employees and contractors, you can manage background checks for global hires with a single source of truth without leaving the Deel platform.
Are you looking for an easy and safe way to run a background check? It only takes minutes to get results with Deel.
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