No, as an employer you do not need a candidate’s consent to screen them. According to the GDPR, the candidate’s consent is not the correct legal basis for processing personal data because there cannot be free will in this situation. This is because if you do not consent to the screening, you may no longer be considered for the position. The correct basis is the legitimate interest of the employer. In some cases, the employer is also legaly required to conduct certain screening aspects. The employer is bound by rules. It is up to the employer to have an up-to-date screening policy that reflects the framework of proportionality and subsidiarity. In addition, the employer must take into account his transparency obligation, this means that screening cannot be done without the informing the candidate.
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