Are Background Checks Legal in Denmark

Again, such a review can only be conducted if the employee`s financial situation is relevant to the position he or she will occupy in the organization. In Danish practice, a credit check and full disclosure of their financial situation are only required for persons who have access to and manage the company`s funds. It is also important to know what kind of Danish employees you need to hire. The country classifies employees into three groups – senior managers, white-collar and blue-collar workers. The recruitment process and legal framework may vary depending on the type of employment relationship. Social security numbers are not special categories of data within the meaning of the GDPR, which means that this information is subject to the general processing rule set out in Article 6 of the GDPR. However, in the opinion of the DPA, the processing of social security numbers requires a special legal basis in accordance with Article 11 of the GDPR or Article 9 of the GDPR (for example, the consent of the data subject or that the processing activity is required by law).5 Danish entrepreneurs can carry out a thorough background check of potential employees, but you must have the consent of the applicant and all applications must be relevant to the position in question. According to the EU General Data Protection Regulation (Regulation (EU) No. 2016/679) (GDPR) and the Law on Additional Provisions to the GDPR, employers are limited in the use of personal data in certain situations. Personal data includes data about employees and candidates. Employers are therefore only allowed to conduct background checks on candidates to a certain extent, either themselves or through third parties. The parties may choose to enter into a separation agreement setting out the rights and obligations arising from the termination. No special formalities are required.

This approach is mainly adopted by companies to mitigate specific legal risks, for corporate policy reasons or both. Hiring employees in Denmark is simple and flexible with few legal requirements regarding contracts, layoffs and holidays. They can set working conditions with labour market actors instead of basing them on legal regulations. However, collective agreements (CBAs) are a huge part of Danish labour law, so working with workers covered by an ACA is common. As a member of the European Union, Denmark takes immigration status very seriously. Employers are required to check whether a foreigner has the right to work in the country. Otherwise, an illegal immigrant will be punished with heavy fines. Citizens of a number of non-EU and EEA countries, such as the US and uk (as of 1 January 2021), do not need to obtain a visa to enter Denmark, but all non-EU and non-EEA or Swiss citizens must have a work permit to work in Denmark. However, in some cases, certain limited work-related activities may be carried out during legal residence in Denmark. UK citizens working in Denmark before 1 January 2021 will be allowed to reside in Denmark without a work permit beyond 31 December 2020, provided that certain conditions of the EU-UK Withdrawal Agreement are set.

Are there any restrictions or prohibitions on applicant background checks? Does it make a difference for an employer to do its own inspections or use a third party? Are there any legal requirements to give preference to certain people or groups of people when hiring or not to discriminate against them? Business owners can request a background check of potential employees. In Denmark, private criminal records can only be obtained from the national police by the person concerned. In other words, it is the applicant who must obtain his criminal record and present it to the employer. A bit more complicated than in countries like Australia, where the same can be done online through an Australian character verification agency, even with the permission of the person concerned. Background checks are generally allowed, although some, such as credit checks and criminal record checks, are only allowed under special requirements. The legal rights of employees in the context of a transfer of an undertaking are governed by the Law on Transfers of Undertakings (which transposes Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees` rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (Acquired Rights Directive)).