International Screenings Are Also International Data Processes

A background check becomes international as soon as relevant information is located abroad or a foreign partner is involved in the check. This can be the case with education in France, a former employer in Germany, or a register query in a third country. Alongside the employment-law question of whether the check is permissible, a second layer therefore arises: how may the necessary personal data be processed or disclosed across borders? The source document assigns this question to Art. 16 FADP. It is important for companies to consider both layers separately. A candidate's consent to a background check does not automatically cover the review of the data protection framework for an international data flow. A professional process must therefore take into account both the purpose of the check and the countries and recipients involved.

The Recipient Country's Level of Data Protection Is Decisive

The source document refers to Annex 1 of the Data Protection Ordinance, which lists states considered to have an adequate level of data protection from a Swiss perspective. For data flows to such countries, international transfer is generally simpler, although purpose limitation, transparency, data security and proportionality must still be observed. It becomes more demanding when a screening involves data flowing to countries without a recognised adequate level of protection. For this reason, an international screening process should not simply ask whether a piece of information can be obtained somewhere. It must also record which provider or institution receives the data, where it is processed, and what protective mechanisms apply. Especially for companies recruiting worldwide, a central overview of these data flows is considerably more robust than ad hoc individual queries by local HR teams.

SCCs and Transfer Assessments as Protective Mechanisms

For data transfers to states without a recognised adequate level of data protection, the source document names standard contractual clauses, or SCCs, as an important contractual safeguard. Depending on the situation, an additional assessment may be required as to whether the agreed protective measures can actually be effectively upheld in the recipient country. This is often referred to as a Transfer Impact Assessment. For HR departments, this is a good example of why international background checks consist of more than the verification itself. Behind an apparently simple check there can be complex data flows, subcontractors and different legal jurisdictions. Companies should therefore be able to document which parties are involved in the process and on what basis data is transferred. The more standardised this review is, the lower the risk that a new, improvised process is created for every international candidate.

The US Shows Why the Specific Recipient Matters

The source document treats the US as a special case and refers to the data protection framework for appropriately certified US organisations. What matters here is not the destination country alone, but the specific recipient and its status. This illustrates a basic principle of international background checks: a blanket, country-level logic is often not enough. Companies should know which organisation actually processes the data and what contractual or regulatory requirements apply to that organisation. The same applies to a screening provider's subcontractors. Transparent subprocessor management and clearly defined data pathways help make international screenings manageable. This is especially relevant for Swiss companies that recruit worldwide while wanting to process and store sensitive applicant data within Switzerland or the EU wherever possible.

Global Reach Needs Controlled Data Flows

In international background checks, Validato takes the approach of combining global verification with the clearest and most controlled data processes possible. The platform enables screenings in different countries while data storage, access rights and the involvement of external partners are managed in a structured way. Where local registers or institutions need to be involved, the check is carried out within the framework that is actually possible and legally permissible. For companies, this means that global screening does not automatically mean that applicant data is stored globally without control. Especially for Swiss companies, a centrally managed screening infrastructure can help combine international reach with data protection, transparency and traceable governance.

Carrying Out International Background Checks in a Controlled Way

Are you recruiting candidates from several countries? Validato supports you with an international screening infrastructure and clearly structured processes for cross-border background checks.