A Guide to Employee Background Checks in Malta

Employee background checks should be an integral part of your hiring process in Malta. Although not mandatory, they are a common practice, especially in finance, healthcare, education, and government organizations.

A small island country with a dynamic economy, Malta attracts foreign businesses and skilled workers at a high rate. The appeal of this Mediterranean island goes beyond the great weather and lovely landscapes and involves strong economic growth, a straightforward taxation model, and a blooming digital and tech-related industry.

Due to obstacles and limitations to opening a business in Malta, ensuring the right candidates are hired once a business is set up is a vital factor for success. Background checks are a valuable tool to ensure potential candidates have the required skills and qualifications, are legally entitled to live and work in Malta, and have no legal issues that may make them unfit for the role.

In this article, you’ll learn:

• How to run an effective and legal employment screening in Malta
• What the common types of employee checks are in Malta
• How to conduct a thorough employee screening, step-by-step
• What mistakes to avoid when performing a background check in Malta

Essential information for a background check in Malta

Malta's approach to employee background checks is regulated by the Data Protection Act. Mirroring the EU's General Data Protection Regulation (GDPR), this act plays a central role in governing how personal information is collected, processed, and stored during background checks.

Within these regulatory limitations, background checks are generally allowed, and can cover a broad range of information and data, from past references to credit checks and criminal record verification.

The Office of the Information and Data Protection Commissioner in Malta oversees compliance with these regulations, ensuring that the privacy rights of individuals are respected.

• Malta's Data Protection Act implements and integrates the GDPR into the local specificities of the Maltese data landscape.
• The Office of the Information and Data Protection Commissioner responsibilities range from fostering an environment that is supportive of data protection, to enforcing regulations and assisting small enterprises in ensuring compliance.

Are background checks legal in Malta?

Yes, background checks are legal in Malta, provided they comply with the Data Protection Act and GDPR guidelines. Employers must ensure transparency, fairness, and necessity in their background check processes, obtaining explicit consent from candidates before proceeding. Special care must be taken when handling sensitive personal data, with clear justification required for its processing.

What types of background checks are illegal in Malta?

Certain types of background checks in Malta are either restricted or outright prohibited without specific authorization or legitimate grounds. For instance:

• Accessing detailed criminal records without the individual's explicit consent or a legal basis is forbidden.
• Invasive checks into personal life or political opinions, without direct relevance to the job role, are considered illegal.
• In any case, discrimination of protected categories such as rage, gender, religious beliefs, etc., based on the results of a background check is illegal.

Common background check industries

In Malta, various industries rely on employee background checks to ensure the integrity and reliability of their workforce. Some of the common industries where background checks are prevalent include:

• Finance and banking: In Malta's robust financial services sector, background checks are essential due to the critical nature of financial transactions. These checks help prevent fraud, ensure the proper handling of funds, and safeguard customer data security, all of which are crucial in maintaining the industry's integrity.
• Healthcare and education: Given the close contact with minors, vulnerable populations, and the handling of sensitive data, background checks are standard practice in Malta's healthcare and education sectors. These checks ensure that candidates meet job requirements and have no prior legal issues that could compromise the safety and well-being of others.
• Tourism and hospitality: As a key pillar of Malta's economy, the tourism and hospitality sector often involves direct interaction with visitors from around the world. Background checks are conducted to ensure that employees in this sector are trustworthy and capable of providing a safe and secure experience for tourists.
• Construction and maritime industries: In Malta, construction and maritime sectors are significant contributors to the economy. Given the potential hazards involved, background checks are important to verify that candidates have the necessary certifications and no legal issues that could pose safety risks or impede compliance with industry regulations.
• Gaming and iGaming: Malta is a global hub for gaming and iGaming industries. Due to the highly regulated nature of these industries, background checks are crucial to ensure that employees meet stringent legal and ethical standards, thereby maintaining the industry's reputation and compliance with international regulations.

Types of background checks in Malta

Effective employment screening in Malta covers essential aspects to evaluate a candidate's abilities. Knowing these areas helps employers tailor screening processes to meet job requirements and legal standards.

Background check mistakes to avoid in Malta

Whether you’re hiring employees or contractors in Malta, there are a few things you shouldn’t do as an employer when it comes to background checks:

• Neglecting candidate consent: Always obtain explicit consent before initiating any background checks.
• Infringing on privacy: Avoid delving into areas that do not directly relate to the job role or responsibilities.
• Ignoring legal restrictions: Be mindful of the legal framework governing background checks, especially concerning sensitive data.
• Overlooking cultural sensitivities: Respect the cultural importance of reputation and community standing in Malta.

Step-by-step Guide to employee background checks in Malta

Employers looking to hire in Malta should follow the list of steps below to ensure legal effective and thorough employee background checks.

1. Obtain consent: Begin by informing the candidate about the background check process and obtaining their written consent.
2. Verify identity: Confirm the candidate's identity through official documents (ID card, passport).
3. Check employment history: Contact previous employers to verify positions held, responsibilities, and duration of employment.
4. Educational verification: Validate academic credentials with the respective educational institutions.
5. Criminal record check: With consent, conduct a check for any relevant criminal history through the Malta Police Force, focusing on convictions directly impacting the job role.
6. Credit history check: For roles involving financial responsibilities, a credit history check may be conducted, again with explicit consent.
7. Reference checks: Reach out to provided references to gather insights on the candidate's character and professional conduct.
8. Social media screening: Review public social media profiles for any red flags, ensuring not to infringe on privacy rights.
9. Regulatory checks: For regulated industries, verify the candidate's standing with the relevant Maltese authorities.
10. Health assessments: If job-relevant, conduct health assessments in compliance with Maltese employment law, ensuring non-discrimination.

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