When it comes to checking a candidate’s financial integrity, the most common — and most expensive — mistake made by Spanish companies is assuming that they can consult the same databases as a bank. They cannot, and the AEPD has already imposed sanctions for doing so.

ASNEF and RAI are not available to employers

ASNEF (Fichero de Información sobre Solvencia Patrimonial y Crédito, now operated with Equifax) and RAI (Registro de Aceptaciones Impagadas) are private databases recording consumer-payment defaults and unpaid commercial instruments, respectively. Access to these databases is governed by Article 20.1(e) of the LOPDGDD, which restricts it to entities that already have a contractual relationship with the individual involving payment of a sum of money, or entities with which the individual has requested to enter into such a relationship. Applying for a job does not create that relationship.

The case that proves it: a EUR 70,000 fine

In case EXP202103933, the AEPD imposed a fine of EUR 70,000 (reduced to EUR 42,000 for voluntary payment) on a company that consulted the ASNEF database for a candidate applying for a lawyer position before the interview. The decision is clear: checking a candidate’s creditworthiness without the contractual relationship required by law, and without informing the candidate, constitutes an infringement of Article 6 of the GDPR and Article 20.1(e) of the LOPDGDD.

CIRBE: also not a recruitment tool

The Bank of Spain’s Central Credit Register (CIRBE) records loans and guarantees equal to or exceeding EUR 1,000. Only the individual concerned may obtain their own report, and financial institutions may access it only in connection with a credit application submitted by that person. It is therefore not a source that an employer may access in relation to a candidate.

The Public Insolvency Register: the tool employers can use

Unlike the databases above, the Public Insolvency Register (publicidadconcursal.es) is free and fully public, with no registration required. It records insolvency proceedings involving both individuals and companies and is particularly relevant when checking the history of a candidate for a CFO, board member or director role. Where insolvency proceedings are classified as “culpable”, Article 455.2.2 of the Consolidated Text of the Insolvency Act allows the judge to impose a disqualification from administering the assets of others for between two and fifteen years, which is recorded in the Commercial Register.

The practical rule for HR

For roles with genuine financial responsibility (CFO, treasury, procurement), consult the Public Insolvency Register, ask the candidate to voluntarily provide their own report if you consider it relevant, and avoid any direct consultation of ASNEF, RAI or equivalent databases.

See also: Human Risk and Background Checks in Spain: The 2026 Reference Guide, Background Checks for C-Level and PEPs in Spain: Enhanced Due Diligence and AEPD Sanctions for Unlawful Background Checks: Real Cases in Spain