Remote work makes hiring top talent from around the world easier than ever. However, bringing someone onboard from another country also comes with legal, logistical, and compliance hurdles.
You'll need to carefully vet candidates to make sure they have the right experience, while also keeping your team safe and staying on the right side of local employment laws.
Running a background check first provides peace of mind, especially when hiring across borders.
Every country has its own laws regarding background checks, so it's important to take the time to familiarize yourself with the rules, restrictions, and expectations around privacy rights in the country you're hiring in.
Key takeaways:
- International background checks protect your business from fraud, legal issues, and costly hiring disputes.
- Background screening laws differ by country, so you must tailor your screening process to each region's legal and cultural requirements.
- Employers should prioritize only job-relevant checks and always obtain informed consent from the candidate.
Why It's Important to Run an International Background Check
HireRight's Global Benchmark Report 2025 found that almost nine out of 10 global employers conduct criminal record checks on their new hires, and three in five conduct identity checks as part of their pre-employment screening.
Building the right team makes your business more successful and competitive.
A bad hire, on the other hand, can create a toxic work environment, tank your business reputation, and cost your business — to the tune of 50 to 200% percent of the employee's annual salary, according to the Society for Human Resource Management (SHRM).
An international background check verifies you're hiring a qualified candidate with the experience, education, and clean record that appears on their application. In many regulated industries, like finance and healthcare, background checks are required to meet compliance requirements.
No matter how great the candidate's CV might be, it's important not to skip this step, as you never know what you might uncover.
For example, HireRight's report also found that more than three-quarters of global businesses have found candidate discrepancies during the screening process in the last 12 months, and 13% said they discovered at least one discrepancy per every five candidates on average.
Running background checks doesn't mean you're suspicious of employees, but that you're thorough — taking care to find the best candidates for your team.
Follow these 10 best practices for cross-border background screening to protect your business, avoid legal headaches, and ensure you know exactly who will be joining your team.
1. Research Country-Specific Laws
Each country has its own laws and regulations that may limit or even prohibit particular types of background checks. Hiring internationally means navigating these local laws and cultural norms.
- European Union: GDPR guidelines require background checks to have a legal basis and mandates data must be adequate, relevant, and limited to only what is necessary. Candidates must be informed of what data is collected and how it's used, and that data must be secure, confidential, and only retained for a short period of time.
- Germany: The Federal Data Protection Act (BDSG) supplements GDPR and restricts data processing to necessary, job-relevant checks. The Act requires employers to receive candidate consent, protect and process data lawfully, standardize screening policies, and limit checks to roles where trust and security are critical.
- India: Background checks are common and legal, but they must adhere to the Digital Personal Data Protection Act and Information Technology Act. Employers must receive candidate consent, protect confidential data, and only collect data relevant to the role.
- Brazil: Background checks are common and must adhere to the General Data Protection Law (LGPD). Requirements include obtaining written consent, avoiding discriminatory practices, and limiting inquiries to job-relevant data.
- Canada: Background checks are governed by federal laws that protect privacy and consent. Credit checks are typically reserved for roles with financial responsibilities, and the use of Social Insurance Numbers (SINs) is heavily restricted.
- France: Background checks must be relevant and specific only to the candidate's qualifications, experiences, and references necessary for the position. Criminal background checks are limited to certain roles and responsibilities, like working with sensitive information.
Employers must follow data protection requirements, including limits on data storage, and adhere to the EU AI Act.
It’s worth noting that regulations and expectations change over time, so you must always check for updated requirements.
2. Choose the Right Type of Background Check
You're not trying to dig up every piece of information that exists about a candidate, just what's relevant. Focus your background checks on the facts that directly relate to the role and responsibilities.
Depending on the position and local laws, you may consider a combination of:
- Criminal history: Reviews an individual's criminal record to identify any past convictions or pending charges; often limited by role
- Education and credential verification: Ensures the candidate has the required education, credentials, or skills for the role
- Employment verification: Confirms previous employment history, tenure, and responsibilities
- Reference checks: Gathers previous supervisors' or team members' opinions on a candidate's work performance
- Credit checks: Reviews candidates' credit history, including any bankruptcies; typically limited to finance or risk-related roles
- Right-to-work or identity verification: Confirms that a candidate's identity matches government records and they're authorized to work in that country
3. Be Mindful of Privacy and Data Protection Laws
Global background checks require handling highly sensitive personal information. Businesses must comply with strict and evolving data privacy laws that differ in each country.
As we previously mentioned, many countries follow GDPR or have legal frameworks that are very similar, requiring employers to:
- Disclose what data is collected, why, and how it will be used.
- Obtain informed consent.
- Store data securely.
- Limit data access to authorized parties.
- Allow candidates to correct or dispute findings.
Failure to comply with data protection laws may result in legal penalties, reputational damage, and costly fines.
Protect your businesses by partnering with screening services experienced in navigating global privacy frameworks and regularly review your data protection practices to ensure you remain compliant.
4. Be Transparent With Candidates
The hiring process is already stressful, and the mention of a background check can add to a candidate's anxiety.
Put job candidates at ease by sharing upfront that you intend to run a background check. Honest communication helps you garner trust with candidates and ensure no one is caught off guard.
Explain to potential hires:
- What the background check entails
- Why it's necessary
- How the data will be used
- Who else will see the results
- How it impacts your decision
This conversation may seem awkward, but it allows candidates to ask questions or explain any discrepancies before they're discovered during your review.
5. Get Clear, Informed Consent
Many countries, like India, require employers to obtain informed consent from candidates before running background checks.
Employers should have a candid conversation about expectations to get both parties on the same page.
Then, get consent in writing to protect your business in the case of a future audit or dispute.
6. Focus on Job-Relevant Information
Many countries legally require the data collected during background checks to be proportionate to the role.
This is a best practice for any employer — only collect the information that's directly relevant to the role.
For example:
- A criminal history check is necessary if the candidate will work with children.
- A credit check is essential for accounting or financial services candidates.
- Education verification is helpful when filling an engineering or academic position.
Remember, it costs your business money to run background checks. Make sure you're confident in your top candidate as there's no point in spending time and money vetting someone you might not end up hiring.
7. Be Consistent & Document the Process
Build a workplace free of bias and discrimination by applying the same background check process to all candidates applying for similar roles, regardless of the hiring location (while still maintaining compliance with any applicable local laws).
Document your approach to reduce the risk of legal claims or accusations of discrimination.
Consistency protects your business against audits or complaints and enables you to assess candidates against one another without bias.
8. Seek Local Verification Sources
When conducting international background checks, seek out local verification sources to add another layer of assurance to your hiring process.
Country-specific sources, like government databases, licensing bodies, or educational institutions, can confirm that information is accurate and reduce the risk of incomplete or fraudulent records.
Keep in mind that local verification may increase the background check timeframe.
9. Monitor Long-Term Remote Hires with Periodic Re-Screening
Consider periodically re-screening long-term remote hires to identify changes in criminal history, legal status, or eligibility to work over time.
Proactive monitoring strengthens your compliance position, ensures you meet updated requirements and maintains workforce integrity over time.
Document and communicate a clear re-screening policy, whether annually or during contract renewals, especially for roles with elevated access or risk.
10. Partner with a Professional
International background checks are complex, time-consuming, and risky. Each country has its own laws and regulations, and missteps can cost you candidates, reputation, and legal costs.
Avoid the stress and hassle of background checks by partnering with a professional like RemoFirst, that knows the ins and outs of global hiring and compliance.
As an Employer of Record (EOR) RemoFirst offers international background check services with RemoCheck.
RemoCheck simplifies running international background checks by:
- Providing localized, compliant screening in 185+ countries
- Covering criminal history (where permitted), education, employment background checks, references, financial history, and identity verification
- Handling all legal requirements, including consent and data protection
With RemoCheck, you can reduce risk, speed up hiring, and stay compliant without having to navigate each country's regulations on your own.
Employ and Manage Your Global Team with RemoFirst
Managing international talent involves complex legal, payroll, and compliance challenges, but RemoFirst simplifies every step.
We enable companies to hire and onboard employees in 185+ countries without establishing a local entity.
From legal compliance to onboarding to payroll and background checks, RemoFirst streamlines the global hiring process.
Schedule a demo to learn how RemoFirst gives you the tools to scale globally and stay compliant.
