Are background checks allowed in Switzerland?

This is a question we hear frequently at Aequivalent from HR leaders, compliance managers, and CEOs.

The short answer: Yes, background checks are generally permitted.
The slightly longer answer: It depends on how they are conducted.

The legal basis

In Switzerland, background checks exist in the tension between employer interests and data protection.

A key principle of Swiss employment and data protection law applies: relevance to the role.

Legally, these checks are based on the following provisions:

• Art. 328b CO (Swiss Code of Obligations)
  Employers may only process data about employees or candidates insofar as it relates to their suitability for the employment relationship or is necessary for the execution of the employment contract.
• Art. 3 FADP (Swiss Federal Act on Data Protection)
  Any processing of personal data must be lawful, proportionate, purpose-limited, and transparent.

The central principle, therefore, is clear: direct relevance to the position and proportionality.

What does this mean in practice?

A background check is allowed if the information examined has a clear connection to the position.

Typical examples include:

✔ Criminal record check
May be justified for positions of particular trust, such as executives with governance responsibilities, roles with access to sensitive assets, critical infrastructure, or confidential data, as well as positions involving vulnerable groups (e.g., children, refugees, persons with disabilities or care needs).

✔ Debt collection register check
Relevant for roles with financial responsibility or elevated integrity and corruption risk. Financial difficulties may—depending on the role—increase an organisation’s risk exposure.

✔ Performance records / references
Reference checks with former employers are allowed if the candidate has given explicit consent. Without consent, collecting references is neither legal nor respectful of personal rights.

✔ Online research
Publicly available information on networks such as LinkedIn, Xing or Instagram can generally be considered. However, content is only relevant if it objectively affects professional suitability and has a clear connection to the role—for example, when assessing reputational risks in positions with client contact or representational responsibilities.

Transparency remains crucial

In most cases, candidates or employees must be informed and provide explicit consent before any data is checked or shared with third parties.

Candidates/employees must be informed about:

• Which data will be checked?
• For what purpose?
• Who will have access? And from which country?
• How long and where will it be stored?

The voluntary nature of consent must be critically assessed in the recruitment process and employment relationship, as a dependency exists: candidates want the job, employees may fear disadvantages if they refuse consent.

Transparency is therefore not only a legal obligation but also a reflection of professional and responsible HR governance.

Conclusion

Background checks are a legitimate risk management tool in Switzerland, provided they are conducted legally, proportionately and transparently. Used correctly, they protect against bad hires, reputational risks, and regulatory consequences.

At Aequivalent, we help companies master this balancing act: ensuring compliance, reducing risk, and respecting candidates’ rights at the same time.