Can Recruiters Contact Previous Employers Without Your Consent? A Guide on GDPR and Reference Checks
Former management can be reached by HR personnel.
Wondering if a potential employer can just call your previous job to gather some feedback? Think again! According to Nathalie Oberthür, an employment law specialist in Cologne, GDPR regulations might stop them from doing that without your permission.
Generally speaking, any data processing, either through a phone call or written correspondence, usually violates GDPR. Even if a company asks you for authorization to contact your former employer, it may still be illegal.
When Can Recruiters Contact Previous Employers?
There are exceptions where making that phone call could be acceptable. For instance, if you voluntarily offer to have your previous employer contacted during the application process, it could be permissible.
A call could also be allowable in specific instances where the employer is verifying the facts in your application. If something in your application raises serious concerns that need subsequent clarification, it might be legally acceptable for the employer to make an exceptional inquiry. However, an employer should never initiate a general inquiry into your suitability for the job without your consent.
Make the Call, but Watch Your Steps
It's important to note that an employer can't simply inform your new workplace about your past misconduct just because it's tempting. A ruling by the Rhineland-Palatinate Labor Court set a precedent, stating that employers are not allowed to warn a prospective employer about a former employee's misdeeds 1.
About Nathalie Oberthür: Nathalie is a renowned employment law specialist and the chairwoman of the Employment Law Committee of the German Bar Association (DAV).
The Fine Print
- Profession: Employment Law Specialist
- Salary: Not specified in the article
- Employee, Consumer, or Employer: Either, depending on the context
- Pension: Not directly related to the topic
Helpful Resources
While there are exceptions, recruiters generally require your explicit consent to contact your previous employers for references under GDPR. Here's a brief overview of those exceptions:
- Consent: Recruiters need your explicit permission to contact your past employers about your employment history and references.
- Legitimate Interests: Recruiters may claim a legitimate interest in verifying employment details, but it's usually safer to get your consent first.
- Legal Obligations: If there's a legal obligation to verify employment information (like background checks for certain roles), recruiters may justify contacting your previous employers.
- Publicly Available Data or Legal Requirements: In very specific cases where your data is publicly available or where there's a legal obligation to verify information, employers might be able to contact your previous employers without your consent.
Despite these exceptions, it is essential to follow the rules set by GDPR to ensure fair and legal recruitment practices. Never hesitate to consult a legal professional if you have concerns or questions regarding your employment rights.
Sources: ntv.de, awi/dpa
- Recruiters are advised to obtain your explicit consent before contacting your previous employers for reference checks under GDPR, as data processing without your permission might violate the regulations.
- In some circumstances, recruiters may argue a legitimate interest in verifying employment details, but it's generally safer to seek your explicit consent first.
- A call to your previous employer could be legally acceptable if it's to verify factual information in your application, especially if inconsistencies arise that need clarification. However, an employer should never conduct a general inquiry into your suitability for a job without your consent.
