The easy guide to employee background checks in Italy

When hiring workers abroad, it's important to take extra steps to ensure their background is legitimate and to safeguard your company against possible security or fraud issues. If you're hiring in Italy, a background check can confirm the identity and qualifications of your new hire, preventing any potential issues down the line.

Italy has strict regulations for background checks, including the Italian Data Protection Code and the European Union's GDPR rules. Companies must be careful not to gather excessive personal information from employees, which can result in fines. For example, Deliveroo Italy, a food delivery service, was fined EUR 2.5 million in 2021 for violating GDPR requirements by collecting too much personal data from its workers.

Read on for a comprehensive guide on conducting legally compliant employee background checks in Italy, including what is permitted under Italian laws and regulations, as well as your obligations for handling and storing sensitive employee data.

Are you legally required to run background checks on Italian employees?

No, you're not legally required to run background checks on employees in Italy. In general, employers in Italy are allowed to conduct background screenings on employees, but they are prohibited from verifying personal data that is irrelevant to the job position. Still, it’s crucial to abide by local regulations, including privacy laws, requesting consent, and personal data protection regulations.

Questions concerning the candidate's health or past criminal records are only permitted if necessary for the job being performed. Keep in mind, background checks are not allowed to be carried out on an employer's behalf through third parties.

Is it legal to run background checks on Italian contractors?

Yes, employers are permitted to conduct background checks on Italian contractors, but only regarding information relevant to their suitability for the job. It is necessary to obtain the contractor's approval before conducting a background verification. 

What types of background checks do businesses commonly run on Italian employees and contractors?

When hiring in Italy, you can conduct different background screenings depending on the role you're hiring for, such as civil record checks, criminal record checks, employment history verification, education verification, and more.

Confirming academic qualifications and work history are the most common for almost all job positions. It's important to note that all checks must comply with Italian and European Union privacy laws to avoid potential sanctions.

Here's each type of check in more detail:

On the other hand, the Certificato Penale del Casellario Giudiziale, or Penal Certificate, provides a more detailed history of any criminal convictions. This certificate is typically required for government positions or security clearance roles. They must be requested by the candidate (only if required for the job).

What types of background checks are illegal in Italy?

When should you conduct Italian employee background checks?

If you plan to hire someone in Italy, conducting a compliant background check on the candidate is crucial to ensure they meet all the requirements. Make sure to inform the applicant about the screening process and obtain their written consent before carrying out the background check. 

Any offer letter should include a clause contingent on successfully completing the background check and verifying if the candidate requires a work permit.

The easiest way to run a background check on an Italian employee or contractor

There are several different companies that can run background checks on employees in Italy, including Rippling, TritonItaly, Hireright, and BackCheck. The easiest by far is Rippling, because background checks are directly integrated into the onboarding flow. Just enter basic hiring info like salary and start date, and Rippling will send the offer letter and new hire paperwork—and automatically run a legally compliant background check and e-verify the results.

Background check mistakes to avoid in Italy

Rippling makes it easy to run background checks in Italy.

Frequently asked questions about background checks in Italy

Are background checks legal in Italy?

Yes, conducting background checks in Italy is legal as long as they comply with Italian and EU laws on data privacy and anti-discrimination. Employers must obtain informed consent from job applicants before conducting a background check, including criminal record checks, education and employment verification, and relevant professional references. 

They must only request personal data relevant to the job, and it is required by law to inform the candidate about how their information will be used and stored.

What language do you use for background checks in Italy?

Background checks in Italy are conducted in Italian by the authorities. Any foreign background checks and documents provided must be translated into Italian.

How do privacy laws affect background checks in Italy?

The laws on data protection and privacy in Italy are robust and considerably influence background checks and employees’ personal data.

The General Data Protection Regulation (GDPR) is a European Union law established in 2016. This law applies to all EU Member States from May 25, 2018, without any additional implementation by national law. Companies outside the EU must also comply with GDPR if they handle the personal data of Italian employees.

The Italian Data Protection Authority, also known as 'Garante,' oversees compliance with GDPR and the Italian Personal Data Protection Code (Privacy Code). Employers cannot conduct data verification processes related to irrelevant information as per Article 8 of the Worker's Statutes. 

A few of the regulations under the Privacy Code are:

If you are considering conducting a background check in Italy, employing a local lawyer or an Employer of Record like Rippling is important to stay compliant with local privacy laws.

Do different industries in Italy require different background checks?

Italy's most common background checks include education and employment history verification. But, background checks can vary by industry. For example, the employer should request motor vehicle records and a criminal record screening if the job requires driving. In industries such as finance, banking, and security, it is common for employers to request a credit report along with a criminal screening to assess the candidate’s financial responsibility. 

Background checks such as criminal records, credit reports, and medical records should be limited to specific job roles.

How far back do criminal background checks go?

Background checks for criminal history usually cover a period of seven years. However, the background check may extend beyond seven years if an individual is applying for a sensitive position, such as a government role with security clearance.

What are the benefits of running background checks in Italy?

Verifying a candidate's background information, including past professional references, is crucial. In 2021, a hospital employee was investigated for fraud and extortion after receiving pay for 15 years despite not showing up for work. The hospital suffered a loss of over €500,000 due to the employee's alleged fraudulent activity.

Another example occurred in 2017 when employees from a telecommunications company in Italy fabricated revenues, invoices, and supplier transactions to meet bonus targets and conceal the unit's actual financial performance.

Background checks come with many benefits for employers, including:

Onboard new hires and run background checks with Rippling

With Rippling's Talent Management System, you can seamlessly onboard new hires and set them up for success. Just enter basic hiring info like salary and start date, and Rippling does the rest—including running a legally compliant background check, and e-verifying the results.

Ready to hit the ground running with every new hire? See Rippling today.