• If it is your own background check

  Any individual over 16 years old.

• If it is somebody else’s background check certificate

  Any duly authorized individual over 18 years old.

  • If it is the certificate of an individual over 18 years old, you must hold a written authorization from that individual to request it.
  • If it is the certificate of a minor (over 16 years old) or disabled individual, you must prove that you have the powers to request it.

To request and issue a certificate, it is necessary to indicate the following personal data:

• full name
• identity document number
• place of birth (birthplace)
• date of birth
• filiation - i.e. mother's and/or father's names
• nationality

Yes, background checks are legal in Portugal. However, they must comply with the General Data Protection Regulation (GDPR) and the Portuguese Labor Code. Employers need to obtain explicit consent from the candidate before conducting the checks​

The common types of background checks include:

• Criminal record verification: Typically required for roles involving security or working with vulnerable groups.
• Educational and employment verification: To confirm a candidate's qualifications and work experience.
• Credit checks: Usually conducted for positions involving financial responsibilities.
• Reference checks: Speaking with previous employers and references to gain insights into the candidate's performance

Yes, employers must obtain explicit written consent from the candidate before performing any background checks, ensuring compliance with GDPR and the Portuguese Labor Code

Employers can request a criminal record certificate from candidates or obtain one through the Justice Administration General Directorate (DGAJ). For foreigners, a criminal background check may be done through police verification certificates from their home country

Credit checks are less common in Portugal and are typically conducted only for positions where financial responsibility is a crucial aspect of the job​

Yes, employers can review publicly available information on social media platforms. However, they must handle this information responsibly, ensuring no discrimination based on the candidate's religious, political, or personal beliefs

Yes, background checks must be relevant to the job position, and unnecessary or overly invasive checks are not allowed. Additionally, personal information such as pregnancy, drug/alcohol testing, or medical history can only be obtained if directly related to the job requirements

Best practices include:

• Obtaining written consent from the candidate
• Ensuring the checks are relevant to the job role
• Using reliable sources for information
• Maintaining confidentiality and respecting the candidate's privacy
• Documenting the entire process