For many companies, the question is not whether to conduct background checks, but whether to perform them internally or outsource them to a specialised provider. In a market as regulated as Spain, the answer often points towards outsourcing — but not to just any provider.

Why outsourcing is often the safer option

A specialised background-check provider offers standardised processes, staff trained in the Spanish legal framework and faster access to verification sources (registers, universities, former employers) than a purely internal process. As the AEPD sanction cases demonstrate, the greatest risk of an internal process not managed by specialists is not slowness, but unintentional non-compliance.

The three minimum requirements for any provider in Spain

A data-processing agreement compliant with Article 28 of the GDPR, making clear that your company remains the “controller” and the provider, as “processor”, processes the data only on your instructions and with the security measures required by Article 32 of the GDPR. The AEPD itself publishes model clauses that can be used as a checklist.

ISO 27001 certification, the benchmark standard demonstrating an operational information security management system. If the provider also works with public authorities or clients in the financial or insurance sectors, additional alignment with Spain’s National Security Framework (ENS, Royal Decree 311/2022) is a relevant added value.

Servers within the EU/EEA, or appropriate safeguards (Standard Contractual Clauses, EU–US adequacy framework) if the data are processed outside the European Economic Area.

Practical questions before signing

Beyond these three requirements, it is advisable to ask about integration with your applicant tracking system (ATS), the usual turnaround time for a standard check (24 to 48 hours is the market benchmark), and how the provider handles “false positives” when screening sanctions lists. A serious provider should be able to show — not merely describe — its process.

The role of Validato

As a global provider of background checks and Human Risk management, Validato combines the standardisation of an international process with specific knowledge of the Spanish legal framework described on this page and in the linked articles: what may be requested, from whom and on what legal basis, in order to reduce Human Risk without exposing the company to sanctions of the kind the AEPD has already imposed in the Spanish market.

See also: Human Risk and Background Checks in Spain: The 2026 Reference Guide, Human Risk in Spain: What It Is and How Companies Manage It with Background Checks and AEPD Sanctions for Unlawful Background Checks: Real Cases in Spain