Background Check Limits in Switzerland
A background check in Switzerland is any investigation into a candidate's past—criminal records, credit history, medical data, or references. Swiss law (revDSG, ArG) strictly limits what you can request. You may ask about convictions relevant to the role only after a conditional job offer. You cannot request blanket criminal clearances, credit checks, or unrelated personal data. The most common mistake: asking for comprehensive background information before making a job offer.
Background checks serve to verify a candidate's suitability for a specific role. In Switzerland, however, employer rights are narrow and candidate privacy rights are strong.
Federal law (revised Data Protection Act, revDSG, and Employment Act, ArG) and cantonal regulations shape what you may investigate. Exceeding these limits exposes your company to data protection complaints and potential damages.
What You Can Request
After a conditional job offer, you may ask a candidate to disclose criminal convictions—but only those relevant to the position. A conviction for fraud matters for a finance role; a 15-year-old minor offense does not.
You may contact professional references the candidate provides. You may request proof of qualifications (diplomas, certifications). You may ask about language proficiency or specific technical skills directly related to job duties.
- Criminal convictions relevant to the role, after conditional offer only
- Professional references provided by the candidate
- Educational credentials and professional certifications
- Work authorization status (visa, residence permit)
- Driving licence, only if required for the job
- Membership in professional bodies, if required
What You Cannot Request
Do not ask for blanket criminal clearances, medical history, genetic data, or family background. Do not request credit checks, bankruptcy history, or lifestyle information unrelated to job safety or legal compliance.
Under revDSG, personal data processing requires a lawful basis and proportionality. Broad background checks fail this test. Even if a candidate volunteers information, you should not retain it if irrelevant to the role.
- Full criminal record or blanket clearances (SCC/PCS)
- Medical information or health history
- Credit score, bankruptcy, or financial records
- Sexual orientation, religion, political affiliation
- Unrelated minor offences or dismissed charges
- Family structure or social media profiles
Your Obligations and Common Mistakes
Document why a background check is necessary for the role. If you require a criminal-record check, do so only after a conditional offer and with the candidate's explicit, informed consent. Inform the candidate in writing what data you will process and why.
The single most common mistake: requesting a comprehensive background report (often from a third party) without a lawful basis, before a job offer, or without clear consent. This violates revDSG and may trigger data protection complaints to your cantonal authority.
- Obtain written consent before any check beyond basic references
- Justify each request by job safety or legal duty—not blanket caution
- Do not use third-party screening reports without legal grounds
- Time checks late in hiring (after conditional offer), not early
- Keep records of your lawful basis and consent
- Delete or archive personal data once hiring decision is made
Frequently asked questions
- Can I ask a candidate for a criminal-record check before making a job offer?
- No. Under Swiss law, you may request relevant criminal disclosures only after making a conditional job offer. Asking earlier is considered disproportionate data processing. If the role has genuine safety or legal requirements (e.g., childcare, banking), document this basis and seek consent after the conditional offer.
- What if a candidate lies about a criminal conviction I later discover?
- Dishonesty about a relevant conviction can be grounds for dismissal or rescinding the offer, provided the conviction directly relates to the role. However, you must have had a lawful basis to ask about it in the first place. Consult a lawyer before terminating based on discovered information.
- Can I ask for references without the candidate's consent?
- You may ask the candidate to provide contact details for professional references. You should inform the candidate that you will contact them. Contacting references the candidate did not provide, or without notice, may violate revDSG. Always be transparent about who you will contact and why.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.