Article
3 min read
Author
Michał Kowalewski
Published
February 15, 2024
Last Update
June 25, 2024
Table of Contents
Essential information for a background check in Romania
Are background checks legal in Romania?
What types of background checks are illegal in Romania?
Common background check industries
Types of background checks in Romania
When should you run employee background checks in Romania
Background check mistakes to avoid in Romania
Step-by-step guide to employee background checks in Romania
Employee background checks should be an integral part of your recruitment process when looking to hire in Romania. Although not mandatory, they are a common practice, especially in banking, finance, healthcare, education, government, and public sector 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:
How to run an effective and legal employment screening in Romania
What types of checks are the most common
What mistakes to avoid when performing a background check in Romania
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.
As Romania is a member of the European Union, employee background checks and the processing of personal data are governed by the General Data Protection Regulation (GDPR). Additionally, there are national laws that provide specific measures for its implementation.
The key national legislation includes Law no. 190/2018, which lays down certain measures for implementing the GDPR, and is supplemented by Law no. 129/2018 which amends and supplements the law regarding the National Supervisory Authority for Personal Data Processing.
The National Supervisory Authority for Personal Data Processing (ANSPDCP) is the key regulatory body in Romania for enforcing data protection laws, and it has issued several decisions to guide the application of GDPR, including those related to Data Protection Impact Assessments (DPIAs) and the processing of personal data for statistical purposes.
Background checks are legal in Romania, provided that they adhere to GDPR and the provisions of the Law on the Processing of Personal Data and the Protection of Privacy in the electronic communications sector.
Employers are allowed to conduct background checks on potential employees as long as they obtain the candidate's explicit consent and ensure that the information gathered is relevant to the job position. Although it’s not specified in the law, written consent is recommended for documentation and compliance purposes.
Employers must also inform candidates about the purpose of the background check, the categories of personal data that will be processed, and the potential consequences of providing false or misleading information. Transparency and fairness are key principles that guide the legality of background checks in Romania.
In Romania, certain types of background checks are considered illegal or restricted.
Conducting background checks without the candidate’s explicit consent is prohibited
Conducting checks on an individual's religious beliefs, sexual orientation, or political affiliations is prohibited
Employers are not allowed to request information about a candidate's health status or medical history unless it directly relates to the specific job requirements or workplace safety
Employers should refrain from using lie detector tests or similar methods as part of the background screening process, as these are considered invasive and are not permitted under Romanian law
Violating data protection laws in Romania can result in a range of penalties, both administrative and financial, depending on the severity of the breach and the nature of the data involved.
For minor infractions or first-time offenses, the National Supervisory Authority for Personal Data Processing (ANSPDCP) may issue a warning and require corrective measures.
According to Multilaw, for major violations the ANSPDCP can impose fines ranging from RON 5,000 (approx. €1,100) to RON 100,000 (approx. €22,000) for violations of the General Data Protection Regulation (GDPR) or national data protection laws. For companies with a turnover exceeding RON 5,000,000 (approx. €1,000,000), fines can be up to 2% of their annual turnover.
In Romania, background checks are especially prevalent in a few key industries, including:
In Romania, the scope of employment screening includes a few critical areas that will help you assess a candidate's competencies. Understanding these types can help employers tailor their screening processes to meet specific job requirements and legal standards.
Type of Check | Common in Romania | Reason |
---|---|---|
Employment History | Common | Ensures accuracy of the candidate's work history and performance. |
Educational Verification | Common | Crucial for assessing the candidate's legal history and ensuring workplace safety. |
Criminal Records Check | Common | Important, as it assesses potential risks and legal compliance. |
Reference Checks | Common | Essential in confirming candidate's work experience, and professional skills. |
Credit History Checks | Less Common | Credit checks are less common in Romania partly due to stringent privacy laws and regulations, including the GDPR. |
Drug Testing | Less Common | Less prevalent due to cultural and legal considerations, but industries like healthcare, law enforcement, may still run them. |
Social Media Screening | Less Common | Less common due to privacy considerations and the need to ensure lawful processing of personal data. |
No matter if you’re hiring employees or contractors in Romania, there are a few things that you shouldn’t do as an employer when it comes to background checks:
Doesn’t matter if you’re hiring employees or contractors in Romania, there are a few things that you shouldn’t do as an employer, when it comes to background checks. Here they are:
Below is a list of steps that employers in Romania should follow to ensure a legal and effective background checks:
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