Article
3 min read
Author
Michał Kowalewski
Published
February 21, 2024
Last Update
July 03, 2024
Table of Contents
Essential information for a background check in Spain
Are background checks legal in Spain?
What types of background checks are illegal in Spain?
Common background check industries
Types of background checks in Spain
Background check mistakes to avoid in Spain
Step-by-step guide to employee background checks in Spain
Employee background checks should be an integral part of your recruitment process when looking to hire in Spain. Although not mandatory, they are a common practice, especially in finance, banking, healthcare, education, security services, and government organizations.
Running a 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.
Beyond idyllic beaches, Spain boasts a young, tech-savvy workforce across diverse sectors. Ranked third in the EU for talent availability, it offers competitive labor costs compared to other European hubs, which makes it a great place to hire from globally. However, employers should remember that background checks, governed by Spanish data protection laws and European privacy regulations, are key to a safe and efficient 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, as it ensures the candidate meets the company's standards and requirements.
In Spain, the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD) complements the General Data Protection Regulation (GDPR) to address specific Spanish legal requirements related to data protection and digital rights. The Spanish Data Protection Agency (AEPD) is responsible for enforcing these regulations, ensuring that personal data is processed lawfully, fairly, and transparently.
When conducting employee background checks in Spain, recruiters must obtain explicit consent from candidates, clearly explaining the purpose and scope of the data collection. Although it’s not specified in the law, written consent is recommended for documentation and compliance purposes. This is in line with both LOPDGDD and GDPR requirements, which emphasize the importance of consent and transparency in data processing activities.
Additionally, the cultural emphasis on privacy in Spain means that individuals are generally protective of their personal information, so recruiters should approach background checks with sensitivity and respect for privacy concerns.
Employee background checks are legal in Spain, provided that they comply with the data protection laws outlined in the LOPDGDD and GDPR.
Recruiters can conduct background checks with the candidate's explicit consent and must ensure that the information gathered is relevant to the position for which they are being considered. It is essential for employers to be transparent about the purpose of the background check, the type of information that will be collected, and how it will be used in the hiring process.
Regulations dictate that certain information, such as criminal records, can only be requested for specific roles that involve particular responsibilities or access to sensitive data.
For example, schools must conduct criminal background checks on teachers and administrators to ensure they pose no risk to student safety due to their direct involvement with children.
Similarly, roles in financial institutions, where employees have access to sensitive financial information and large sums of money, might also require thorough vetting of criminal records to prevent fraud and maintain trust.
In Spain, background checks that infringe upon an individual's privacy or gather excessive, irrelevant information are considered illegal.
Violating data privacy laws during employee background checks in Spain 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.
In Spain, 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:
These sectors often involve roles with high levels of responsibility, access to sensitive information, or direct interaction with vulnerable populations, making thorough background checks essential in the hiring process.
In Spain, effective employment screening 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 Spain? | Reason |
---|---|---|
Criminal Record Check | Common | Essential for roles involving security, finance, and working with vulnerable populations. |
Employment History Verification | Common | Crucial for assessing the candidate's work experience and performance. |
Credit History Check | Common | Relevant for positions involving financial responsibilities or access to sensitive financial information. |
Academic and Professional Qualifications Verification | Common | Ensures the candidate possesses the required education and skills for the role. |
Reference Checks | Common | Provides insights into the candidate's character and work ethic through past colleagues or supervisors. |
Social Media Screening | Less common | Social media screening is still less common in Spain compared to other countries. However, it is gaining traction as employers seek to understand candidates' online presence and professional conduct. |
Whether you’re hiring employees or contractors in Spain, there are a few things you shouldn’t do as an employer when it comes to background checks:
Below is a list of steps that employers in Spain 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.
I have been using Deel since 2019. The Deel platform makes hiring international employees and contractors easy. I am glad that they collect the relevant information for fulfilling tax compliance.
—Myoung Kang,
CFO, Mother Duck
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