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Do you provide International Consent Forms and other guidance for background checks outside the US?


The disclosure and authorization form you use for U.S. background screening purposes is designed to meet the requirements under the Fair Credit Reporting Act (and any other applicable state laws). It should not be used for screening outside of the United States.

For international background checks purposes, each country is different, with unique laws and regulations, particularly with regard to data privacy. There may also be specific consent language requirements depending on the searches ordered.

A common theme among several data privacy laws is that the data subject (i.e., the candidate) must be informed as to who is receiving, collecting and/or processing the personal data and why. Additionally, in many countries within the European Union, consent must be provided that is specific, freely given and informed. Many experts believe that consent as it relates to employment can never truly be “freely given” which may mean a candidate could refuse consent to a background check without being adversely impacted.

We do have a sample international consent form that can help start you in the right direction. Given the complexities involved with international screening, particularly with regard to consent issues, we always recommend consultation with a qualified legal expert to ensure your background screening program remains in compliance with all applicable laws and regulations.  

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