by Charles Dauthier, Sabine Smith-Vidal - Lexology

An extract from Lexology Getting the Deal Through

Background information on applicants

Background checks

Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?

The employer may ask an applicant to provide information directly or through a third party to the extent that such information is necessary to assess the applicant’s professional capacities that have a direct link with the position and the applicant’s skills (article L1221-6 of the Labour Code). Except where the information is relevant in the specific context of the position, the employer may not collect private background information (eg, whether the applicant has a criminal or credit record, or a driver’s licence).