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I think the assumption is that the employer wouldn't do a background check in most cases (education etc. is an exception).

I've never encountered one in Germany and we certainly don't do them with potential applicants at my place of employment. (No idea whether this is because of a law or for different reasons)

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So employing company either does, or does not do background checks. And if it does it works irrespective of RtBF law.

No 'background checks' by private investigators in Germany. Some employers ask for a police certificate of conduct. There's a law saying which kind of convictions are listed there (nothing below a certain amount of days) and how long (to allow re-socialization).

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