As of 1 February 2017, employers’ right to request a criminal record check are strictly limited to the recruitment process
The potential employer will only be able to request a criminal record excerpt in writing and shall justify the reasons for such a request in view of the role requirements. The requirement to provide a criminal record excerpt should be indicated in the job offer.
A criminal record excerpt obtained in the recruitment phase can only be kept for one month starting from the signature of the contract. If the candidate is not hired, the excerpt must be destroyed.
During the course of employment: The employer will only be able to request a new criminal record excerpt if the employer is permitted by law to request a criminal record excerpt or, the employee’s post will change and the new role required a new verification of character.