The easy guide to employee background checks in Spain
In this article
If you’re hiring employees in Spain, you may be thinking of running background checks on new hires. While employment screenings are standard in North America, they aren’t always conducted in European countries like Spain.
Still, employee background screening can be helpful for several reasons: A background check verifies your new hire’s identity and credentials, which can help eliminate potential issues for your company. For example, if a potential employee is inflating their educational background, lying about the companies they’ve worked at, or worse, stealing someone’s identity, a background check is safeguard before officially hiring your Spanish employee.
But for global companies hiring employees in Spain, the background check process isn't straightforward. You need to know what's allowed under Spanish rules and laws, and how you're obligated to handle and store your employees' sensitive data.
We’ve put together a guide to running comprehensive and legally compliant employee background checks in Spain—read on.
Table of Contents
Are you legally required to run background checks on Spanish employees?
No, you’re not legally required to run background checks on employees in Spain. Although employers do not commonly conduct background checks on Spanish employees, the practice has been increasing recently.
Employers can request information about Spanish job applicants that is directly relevant to the position, including employment and education history and credit report. However, according to the Data Protection Act 1999, employers cannot carry out criminal record checks on employees unless they’re in industries like public administration, police, army, financial institutions, and insurance.
If employers decide to run employee background checks, they are responsible for:
Is it legal to run background checks on Spanish contractors?
Yes, it is legal to run background checks on Spanish contractors. One caveat—employers cannot conduct criminal background checks unless they:
Employers running background screening must also consider the General Data Protection Regulation (GDPR) and the Spanish Organic Law 3/2018 on Personal Data Protection and digital rights guarantees.
Common background checks | Less common background checks |
|---|---|
Employment history | Criminal record (depends on industry) |
Education history | Credit reports |
Reference check | Social media profiles (depends on role) |
Work authorization | Medical records |
| Union membership |
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.
Author
Carissa Tham
A British Columbia-based tech content strategist and writer, Carissa has lived and worked in Singapore, Taiwan, and Canada. Carissa lends her unique global perspectives to growing Rippling’s brand in the Asia-Pacific region and beyond.
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