Most background check guidance focuses on proportionality: pick only the modules a role actually needs. France adds an extra layer on top of that, and it catches a lot of foreign HR teams off guard.


Validato, a provider of global background checks and human risk management, works with companies across Europe to keep screening both useful and legally sound. In France, that means starting one step earlier than most employers expect.

The Rule: A Direct Link to the Job

Article L1221-6 of the French Labor Code sets the standard. An employer can only ask what has a direct and necessary link to the job or to assessing professional skills, and the candidate is expected to answer those questions in good faith.


This is stricter than a simple proportionality test. It is not enough that a check is relevant to hiring in general. Each piece of information has to connect clearly to the specific role being filled.


There is also a procedural step many companies miss. French employers must inform and consult the works council before using a candidate screening tool. Skipping that step can expose a company to legal risk even if the checks themselves are perfectly proportionate.

What You Can Ask, and What You Usually Cannot

Validato offers more than 18 screening modules, including:


• Identity verification

• Education and employment history

• Financial integrity checks

• Sanctions and PEP list screening

• Criminal record checks


That last one works differently in France. Employers generally cannot request a candidate’s criminal record directly. In most cases, only the candidate can obtain their own record (bulletin n°3) and choose whether to share it, and only when the role has a genuine link to that check, such as roles involving minors, finance, or security.


Financial integrity checks are restricted in a similar way. Credit and financial history checks are generally not allowed, with a narrow exception for roles carrying real financial responsibility, such as a CFO, and even then the company has to justify it clearly to the candidate.

Let Candidates Keep Some Control

This is where French practice diverges most from other markets. For certain checks, like the criminal record, the candidate stays in control of what gets shared and when, rather than the employer pulling it directly.


Validato recommends mapping this out per role in advance: which checks the company runs directly, and which ones the candidate provides. Getting that split right protects both the hiring decision and the company’s legal position.

Most Red Flags Are Not Fraud

Validato reports that 15 to 20 percent of flagged issues in background checks come from misunderstandings or errors in official records, not intentional deception. That is one more reason to give candidates a chance to explain before any check leads to a rejection.

A Practical Path Forward

For regulated industries like financial services, energy, and IT, Validato recommends defining the module split for each position type once, rather than deciding case by case for every new hire.


Validato’s pay-as-you-go model lets companies select only the modules a role actually needs, with no subscription. Candidate data is permanently deleted in accordance with customer requirements, but no later than after 120 days, supporting the data minimization standards French and EU regulators expect.


Screen within the rules, not around them. Contact Validato today to get started.