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Background Checks & Reference Calls in Switzerland: Legal Rules

Pre-employment background screening is standard practice among Swiss employers. However, the revised Federal Act on Data Protection (FADP) and Art. 328b of the Swiss Code of Obligations strictly restrict candidate checks to information strictly relevant to workplace suitability.

3 min read Updated: October 2026 Reviewed by the editorial team SECO / RAV aligned

Job-Relevance Rule (Art. 328b CO)#

Swiss employers are legally restricted to gathering personal data that directly informs candidate suitability for the specific role. Inquiries into private life are unlawful.

Reference Checks: Mandatory Explicit Consent#

Recruiters may only contact references explicitly designated by the applicant. Secret inquiries directed at a candidate's current employer constitute severe breaches of fiduciary and privacy law.

Debt Enforcement Register Extracts (Betreibungsauszug)#

Extracts from the Swiss debt collection office are legally justifiable only for positions involving direct fiduciary, cash, or treasury responsibilities.

Criminal Record Register Extracts#

Standard criminal records may only be required for high-security roles. Positions involving regular contact with minors or vulnerable individuals legally necessitate a special private extract.

Social Media Vetting Boundaries#

Screening professional platforms like LinkedIn is common practice. Investigating private personal feeds (Instagram, TikTok) without job relevance breaches Swiss data protection tenets.

Reference list: template, order and the right timing#

A reference list is not an annex for the first application but a document you can supply within minutes on request. Three types of reference cover the usual questions:

  • Direct line manager (mandatory): proves work performance, reliability and conduct. State function, company, period of collaboration and the business phone number.
  • Peers or project partners (one person): proves collaboration across departments – relevant for roles with a high share of interfaces.
  • Customers or suppliers (optional): proves external impact, useful in sales, consulting and key account roles.

The order follows relevance for the role, not rank. Note for each person whether you have informed them in advance; recruiters appreciate it when contact is announced. Carry the list as a separate sheet – not integrated into the CV, so that the contact details do not circulate without being asked for. A note in the CV is enough: «References on request».

Inadmissible reference obtained: four steps#

If you learn that a potential employer asked your current manager without your consent, that is no trivial matter: it breaches Art. 328b OR and the Data Protection Act. Four steps, in this order:

  1. Document. Who spoke to whom and when, what was said, who can testify to it? Without a note the facts lapse.
  2. Confront in writing. Ask the company for a statement and for an assurance that no further information will be obtained. A factual tone is more effective here than an escalation.
  3. Assert your right to information and deletion. Under the Data Protection Act you can request information about the personal data processed and the deletion of information obtained unlawfully.
  4. Consider a complaint. In serious cases, reporting to the Federal Data Protection and Information Commissioner remains an option and – where damage has occurred – so does a civil claim.

Practically relevant: proof usually succeeds only if the referee confirms the call. Ask them for a short written note with the date and the name of the caller.

CVStart editorial teamresponsible: Serdar Orhan

The CVStart.ch editorial team is responsible for the guide content on applications, Swiss employment law and pay. The articles are based on statute (CO/OR, ArG, AVIG, BVG), FSO data and feedback from real application practice. Responsible for content and review: Serdar Orhan.

About the editorial team →

Frequently asked questions

Can recruiters contact my current employer without permission?
No, doing so without express consent is an actionable violation of Swiss privacy law.
How recent must a Swiss debt extract be?
Employers generally mandate an official extract issued within the preceding three months.
Must expunged criminal records be disclosed?
No, candidates are under no legal duty to mention past offenses that no longer appear on official records.
Can employers mandate drug screening?
Only for safety-critical roles (aviation, rail operators, heavy equipment) conducted by occupational physicians.
Where can candidates lodge data privacy complaints?
With the Federal Data Protection and Information Commissioner (FDPIC).
Must I name a referee even if I do not want to?
No. You can submit the application without references; many companies only ask for them after the second interview. Refusing a request you have identified as inadmissible is not grounds for rejection.
What may a reference statement contain?
Only information on function, duration of the employment relationship, work performance, professional competence and conduct. Statements about health, religion, trade union membership, marital status or private life are inadmissible, even if they are made in passing.

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