Hiring documents in Spain: what HR can ask for and how to check them without filing copies

A hiring process moves a lot of documents around: the CV, the ID card or foreigner ID, qualifications, sometimes an employment history report or a certificate. Most of them arrive by email, get forwarded to the hiring manager, then to payroll, and end up scattered across mailboxes and shared folders.

The Spanish data protection authority's guide on data protection in employment relationships gives fairly concrete criteria on what may be requested and for how long. This article summarises them for employers in Spain and suggests a way to check documents on arrival without piling up copies.

During recruitmentCopy Anchor Link

The AEPD guide starts from a clear idea: recruitment data is processed because it's necessary to potentially enter into a contract (Art. 6(1)(b) GDPR), so the candidate's consent isn't needed. But that basis only covers what is necessary for the job, under the principles of data minimisation and purpose limitation.

Three examples from the guide worth keeping in mind:

• Criminal records. The guide says it isn't lawful to require candidates to provide a criminal record certificate unless a law provides for it. It expressly cites work involving contact with minors (Art. 13.5 of Organic Law 1/1996) and certain roles in entities subject to anti-money-laundering rules.
• Employment history report ("vida laboral"). Commonly requested, but the guide notes that consent isn't a valid basis (it isn't freely given), that the employer might justify a legitimate interest in checking claimed experience, and that the report needn't be complete: only what's relevant to the role. If experience can be shown by a less intrusive means, such as a reference letter, requiring it wouldn't be justified.
• Custody. The employer is responsible for the documents candidates hand over; losing them breaches the integrity and confidentiality principle.

If the candidate isn't hiredCopy Anchor Link

According to the guide, when the process ends without a hire the legal basis disappears. Unless the person consents (for example, to a talent pool) or there's a demonstrable legitimate interest, the CV must be destroyed and the data erased and blocked.

When the person joinsCopy Anchor Link

Once the contract is signed, the basis becomes performance of the contract. The guide lists data that may directly affect the employer's obligations, including the national ID or foreigner ID number and the Social Security number, nationality and date of birth (for example, for registration and contributions). Not every personal detail is covered: the guide notes that the contract alone doesn't justify asking for any personal contact detail, and that it must be weighed case by case.

Note the nuance: what's needed is the number, checked to be correct, not necessarily an image of the document. The AEPD has already found, in decision PS-00138-2025, that requiring and keeping an ID copy when identity can be checked without it breaches data minimisation. We explain it in ID card copies and the Spanish DPA.

How long to keep thingsCopy Anchor Link

The guide reminds employers that the end of employment removes the legal basis for processing, but that some legal obligations require keeping data for a time, blocked (Art. 32 LOPDGDD): available only to courts, prosecutors or public authorities, and destroyed once the limitation period ends. Its examples include four years for Social Security registration and contribution records, and four years for tax obligations.

For hiring documents, that means:

• keep the data the law requires (document number, Social Security number, contract),
• decide whether you also need the image of each document and, if not, don't keep it,
• and set a deletion date for everything else.

A flow that doesn't leave copies behindCopy Anchor Link

1. A single intake channel. Instead of asking for documents by email, a form or an upload link. Every email attachment is a copy in at least two mailboxes.
2. Check on arrival. That the document is the one requested, not expired, belongs to that person, and its number is well formed.
3. Only the data moves on. The employee record gets the checked number and the date of the check; the image is discarded unless you decide otherwise for a documented reason.
4. Uncertain cases go to a person. A blurry photo or a name mismatch isn't rejected automatically: someone in HR reviews it.

How Constaia does itCopy Anchor Link

Constaia checks the document at upload time and returns a verdict with reasons. Useful types for hiring in Spain include es_dni, es_nie, eu_residence_permit, passport, academic_degree, es_work_history and es_social_security_number_document.

import { Constaia } from "@constaia/sdk";
import { fromPath } from "@constaia/sdk/node";

const constaia = new Constaia(); // reads CONSTAIA_API_KEY

const analysis = await constaia.analyze(await fromPath("document.jpg"), {
  expect: ["es_dni", "es_nie", "eu_residence_permit", "passport"],
  checks: {
    notExpired: true,
    holder: { fullName: "Anna Kowalska" }, // as recorded for the new hire
  },
  storage: "none",     // the file isn't stored
  keepResults: false,  // nor the extracted data: you keep what you need
  language: "en",
});

// Only what's needed goes to the employee record:
const record = {
  documentChecked: analysis.verdict?.status === "valid",
  number: analysis.fields.document_number?.value ?? analysis.fields.nie_number?.value,
  checkedAt: new Date().toISOString(),
};

An invalid verdict comes with the reason ("Expired on…", "Holder does not match…") and review when a person should look. Constaia computes the NIF/NIE check letter and checks the MRZ deterministically; AI only reads and classifies.

What Constaia does not do:

• It doesn't decide whether to hire anyone or assess candidates.
• It doesn't query public registers (Social Security, criminal records…).
• It does no face matching and doesn't guarantee a document is genuine.

SummaryCopy Anchor Link

• During recruitment, ask only for what the role needs; criminal records only where a law provides for it (for example, contact with minors).
• If there's no hire, delete the candidate's documents unless they consent or there's a legitimate interest.
• At onboarding you need checked numbers, not necessarily copies of documents.
• Keep blocked what the law requires and delete the rest.

To try this flow with your new hires, create a free account: 150 documents a month and test keys that don't use credits.