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Turn public-source risk signals into audit-ready decisions.

Indicium helps regulated teams screen candidates, counterparties and sensitive hires — with dated sources, human review and reports your Legal team can defend.

With the Indicium report, you document the reliability screening under § 6 (2) no. 5 GwG in an audit-proof manner — with dated sources and human final review.

Employee Reliability Screening Under § 6 GwG

What § 6 (2) no. 5 GwG requires of banks and insurers: the statutory definition of reliability, screening triggers and typical implementation gaps.

For obliged entities under the German Anti-Money Laundering Act (GwG), the reliability screening of employees is not a voluntary add-on but a statutorily defined internal safeguard: § 6 (2) no. 5 GwG requires “the verification of the reliability of employees through appropriate measures”. What reliability means is defined by the statute itself — in § 1 (20) GwG. Banks and insurers must carry out the screening at hiring and on an ongoing basis, and must be able to document its implementation.

§ 6 GwG obliges all entities within the meaning of the Act — including credit institutions under § 2 (1) no. 1 GwG — to implement appropriate internal safeguards. Within § 6 (2) no. 5 GwG, employee screening ranks equally alongside better-known duties such as training or the appointment of an anti-money-laundering officer. In practice, it is nonetheless frequently neglected: while customer due diligence (KYC) is conducted with considerable effort, the employee side is often limited to a criminal-record certificate at hiring. Why this falls short is explained in the article KYC vs. Know Your Employee.

What “Reliability” Means Under § 1 (20) GwG

Many obliged entities are unaware that the GwG contains its own statutory definition. Under § 1 (20) GwG, a person is reliable if they offer assurance that they

  • carefully observe the anti-money-laundering obligations and the company’s internal principles,
  • report facts relating to money laundering or terrorist financing to their superior or the anti-money-laundering officer, and
  • do not themselves participate, actively or passively, in questionable transactions or dealings.

The screening therefore does not target criminal convictions alone, but a prognosis: does the person offer assurance that they will carry their share of the prevention duties — or are there indications to the contrary? A clean criminal-record certificate answers this question only in small part.

When Screening Is Required: Hiring and Ongoing Operations

The provision does not distinguish between new hires and existing staff. Essentially, two screening triggers are recognised:

  • At hiring: before the person takes up their duties, with a screening depth calibrated to the risk of the position — anyone who can approve transactions or circumvent controls must be screened more intensively than a role with no contact with monetary flows.
  • Ongoing: reliability is not a one-time determination. Event-driven screenings (for instance upon role changes or concrete indications) and appropriate repeat cycles are part of a complete implementation. On distinguishing the models, see One-Time Screening or Continuous Monitoring.

Typical Implementation Gaps

In practice, we encounter recurring weaknesses that surface during a review by internal audit or the supervisory authority:

  • The screening exists only on paper — a clause in the onboarding process without a defined screening scope.
  • There is no risk-based tiering: all positions are screened identically (or identically little).
  • Existing employees and internal movers into sensitive functions are not covered.
  • Results are not documented — in case of doubt, there is no way to prove that any screening took place at all.
  • External staff with comparable access fall through the net entirely.

The last point weighs particularly heavily, because data protection law demands a structured approach here; details for the application context are covered in the article Pre-Employment Screening in Banks.

A robust concept can be built in four steps. First: classify positions on a risk basis — which roles could undermine money-laundering prevention? Second: define screening depth and cycle per risk class, from a basic check to in-depth research across multiple categories (registers, sanctions lists, adverse media). Third: define responsibilities and escalation paths — operational implementation usually sits with the anti-money-laundering officer, see The AML Officer’s Duty Specification. Fourth: document each screening so that internal audit and the supervisory authority can trace trigger, scope, sources and result.

For practical implementation, Indicium delivers audit-proof software reports with dated sources and human final review (Art. 22 GDPR) — from €79 per report. We are happy to show you what this looks like in your industry in a demo.

This article provides general information and does not constitute legal advice.

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