Limitations on Background Checks in the Netherlands

Updated: Aug 9, 2020


Standard screening procedures are normally not allowed in the Netherlands. During the pre-employment phase, only personal data specifically required for the position that the applicant applied for, can be screened. It is prohibited to discriminate against applicants on the grounds of – among others – gender, race, age, civil status, religion, and so on The employer can only ask about an applicant’s health situation if a medical examination is required for the job by law. On 25 May 2018, the new EU Regulation on privacy entered into effect. All companies were given two years to comply with the new rules laid down in the regulation. If the employer fails to do so, fines up to EUR 820.000 or 10% of the yearly turnover can be given.

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