Retroactively effective to May 25, 2018 the European Union (EU) has started to enforce the General Data Protection Regulations (GDPR) which was approved on April 14, 2018. Pre-Check highly encourages organizations who are performing international background checks to adopt a new, updated consent form (below) to keep your company in compliance. This regulation “applies to all companies processing and holding the personal data of [individuals] residing in the EU, regardless of the company’s location”. Personal data constitutes as anything from a photo that can directly identify the person to having their email addresses.
It is stated on the EUGDPR website that if companies are not in compliance with their background check documentation they may be subject to some heavy fines. Penalties can be up to €20 Million which converts to approximately $24.7 million for violations.
Please visit https://www.eugdpr.org/ for more information on the GDPR ruling. There are additional resources on the website such as FAQ’s and a Summary of the key changes from the previous regulation Data Protection Directive 95/46/EC.
Text from Updated Data Privacy Notice and Authorization:
IMPORTANT — PLEASE READ CAREFULLY BEFORE SIGNING AUTHORIZATION
DATA PRIVACY NOTICE
_________________________________________ hereafter referred to as (“Organization”) may obtain information about you to verify and investigate your background for pre-employment or employment or volunteer purposes from third parties, including Pre-Check Company, 24500 Center Ridge Road, #225, Westlake, Ohio USA (“Pre-Check”). The information you have or will supply may be disclosed to third parties including agents or vendors of the above-named entities, law enforcement agencies, courts, institutions of educations (public or private), employers, personal references, or information service bureaus to verify and investigate your background.
In accordance with the host nation’s laws and the laws applicable to you depending on your location regarding the release of information, you understand that information may be transmitted from any country to the above listed parties located in any country, including countries outside the EU that have a different level of data protection or inadequate data protection laws as defined by the European Commission than your country of residence.
EU applicants only: Company has determined that any or all of the report(s) selected below are necessary for the proposed employment relationship with you.
Criminal Reports, Credit Reports, Motor Vehicle Reports, Media or Adverse List, Civil Reports, Identity Reports (including ID Checks, Address Checks, Property Checks), Education, Employment, Reference and License Verifications, or Verification of any other data in your CV (Curriculum Vitae).
Outside the EU applicants or employees only: These background report(s) may contain information regarding your criminal history, credit history, motor vehicle report, identity verification, education, employment history, personal references, or other background checks. The report(s) may include information about your character, general reputation, personal characteristics, or mode of living, and which can involve personal interviews with sources such as your neighbors, friends or associates.
For further questions regarding this form, please contact The Pre-Check Company at 216-226-7700.