Are criminal background checks allowed in Poland?

In Poland, background checks are strictly regulated under the Labour Code and national data protection laws. Employers must follow clear legal guidelines on the type of personal information that can be collected during the hiring process. 


What Information Can Be Collected

Employers are permitted to request the following personal data from candidates or employees, provided it is relevant to the job:

  • Full name

  • Date of birth

  • Contact information (as provided by the candidate)

  • Education details

  • Professional qualifications

  • Employment history

Any other personal information, including background screening data, can only be collected if:

  • It is explicitly required by law, or

  • It is necessary for the position and the candidate has freely given consent


Criminal Record Checks: Not Permitted in Most Cases

Employers cannot request information about a candidate's or employee’s criminal convictions or offenses, unless there is a specific legal basis. This includes:

  • Certain financial sector roles governed under laws such as the Act of 12 April 2018

  • Specific regulated professions of public trust, such as:

    • Teachers

    • Police and security personnel

    • Government officials

    • Other roles defined by statute

For most private-sector roles, including those employed through Horizons as an EOR provider, criminal background checks are not legally allowed. This applies regardless of whether the client requests it or the employee consents.

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