✅ Background Checks in Romania: What the Law Really Says (and Why They’re Not Illegal)

At Mindit Consulting, we often get asked a very important question:

🧩 “Are background screening services even legal in Romania under GDPR?”

We understand where the concern comes from. In a time when data protection is taken (rightfully!) very seriously, no one wants to step outside the law — especially when it comes to hiring.

That’s why we consulted an expert legal opinion — and we’re here to clarify, in plain language, what HR professionals and candidates need to know.

Yes — as long as they follow GDPR requirements and Romanian labor law, background screening is perfectly legal.

GDPR doesn’t forbid background checks. Instead, it asks for a valid legal basis to process personal data. These include:

  • The candidate’s consent (Art. 6, GDPR)
  • Legitimate interest of the employer (Art. 6, GDPR)
  • Legal obligations related to the role (e.g., Code of Labor, ISO standards)

So, the key is not whether screening is allowed — but how it’s done.

🔍 2. What Types of Background Checks Are Covered?

Typical checks like:

  • Education verification
  • Employment history confirmation
  • Reference checks
    …are all covered under legitimate interest or candidate consent, and are fully legal.

These checks help employers ensure the candidate’s skills, experience, and integrity, and align with Article 29 of the Labor Code, which allows employers to verify a candidate’s aptitude before hiring.

⚠️ 3. What About Criminal Records?

Here’s where it gets specific.

Under Article 10 of GDPR, criminal record data can only be processed:

  • When required by law
  • Or under the control of a public authority

That means:
✔️ For some roles (e.g., in education, healthcare, public service, security), employers are legally required to request a criminal record or behavioral integrity certificate


✖️ For other positions, we do not process this data ourselves, but can guide candidates to provide:

  • A self-declaration, or
  • An authenticity check of their own document (without disclosing sensitive details)

This approach stays fully GDPR-compliant.

🛡️ 4. Why Use Background Screening Services at All?

Because hiring is not just about filling a role. It’s about building trust, protecting your team, and making confident decisions.

🔐 Our background screening services:

  • Reduce hiring risks
  • Validate candidate qualifications
  • Ensure cultural and legal alignment
  • Help create safer, more resilient workplaces

All while staying compliant with GDPR and respectful of candidate rights.

👥 Final Thoughts for HR Professionals

Let’s be clear:
✅ Background checks are legal in Romania
✅ When done transparently, responsibly, and with the right legal basis
✅ They are a valuable part of a professional recruitment process

At Mindit Consulting, we make sure your processes are not only effective — but also ethical and secure.

📩 Want clarity on how background screening can support your hiring without legal worries? We’re here for you. Give us a call and let`s talk! 👉 0725.568.211

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