In this article
Conducting background checks in Portugal is a crucial step to help companies make informed hiring decisions and reduce their risk. But here's the catch: the screening process in Portugal is different from what you might be used to in countries like the US or the UK.
Portuguese law prohibits companies from conducting background checks on job applicants directly or through third-party screening agencies. They can't even store any personal information obtained from these checks in a database.
However, there's a silver lining. Companies can still request and verify information—provided they have prior consent from the applicants and comply with the relevant laws and regulations.
It sounds complicated, but with our guide you can expertly navigate the regulations and conduct successful background checks in Portugal. You can then make informed hiring decisions while avoiding any potential legal penalties or fines.
Let's get started...
Table of Contents
Are you legally required to run background checks on Portuguese employees?
No, background checks on Portuguese employees are not mandated by law. Yet many employers still do it to ensure they're hiring trustworthy and qualified individuals.
But before companies can conduct these checks, they must comply with the relevant laws and regulations in Portugal. These laws dictate what information can be requested, modified, and stored.
For example, companies must obtain informed consent from each applicant before conducting any checks. They also cannot request sensitive or private information from applicants, only information that's necessary to assess their skills and abilities.
Is it legal to run background checks on Portuguese contractors?
Yes, it's legal to run background checks on contractors in Portugal. Portuguese law doesn't prohibit companies from screening their contractors and third-party service providers.
However, before you get started with the background check process, it's essential to make sure that you're complying with data protection laws. This means obtaining the necessary consent from the contractors and informing them about the screening process. It's important to remember that any information you gather should only be used for the communicated purpose and be kept confidential and protected.
Common background checks | Less common background checks |
|---|---|
Criminal background check | Medical records screening |
Education history check | Driving records screening (depends on role) |
Employment history check | Social media profiles (depends on role) |
Reference check | Drug and alcohol tests |
Work authorization check |
|
Disclaimer
Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
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