Identity verification of temporary workers: legal obligations and the fight against fraud

Key points to remember

• The identity verification of temporary workers is a legal obligation for any temporary work company in France, governed by the Labor Code and texts relating to the employment of foreigners, with a reinforced obligation of means that has been intensifying since 2023.
• The temporary employment sector combines major risk factors in the face of document fraud and identity theft: short contracts, high volumes, rapid turnover, construction sites, logistics and private security are among the most exposed areas.
• The employer (ETT) must be able to prove, in the event of a labour inspection audit or litigation, that he has implemented serious and proportionate means: written procedures, digital verification tools, time-stamped archiving of the controls carried out.
• Digital solutions such as KYE, such as Datakeen, make it possible to automate the detection of fraud, to make documentary checks more reliable and to constitute solid evidence of the vigilance exercised by the agency.
• The challenge goes beyond simple compliance: the safety of employees on site, accident prevention, reputation protection and AT/MP cost control are directly linked to the quality of the identity verification process.

In just a few years, verifying the identity of temporary workers has gone from being an administrative formality to becoming a major strategic issue for temporary employment agencies. Between regulatory tightening, the sophistication of document fraud and the digital transformation of recruitment, ETTs must rethink their control processes. In this article, we guide you through the French legal framework, the concrete risks of fraud and usurpation, and digital solutions — including Datakeen — that allow agencies to meet their obligation of means while increasing efficiency.What you are about to discover:

• Why identity verification became a critical topic for temporary employment agencies in 2024-2025
• The specific legal obligations of agencies and the sanctions incurred.
• How to structure a robust anti-fraud system.
• The role of KYE solutions like Datakeen in securing interim paths.

Why identity verification for temporary workers has become strategic

The 2020-2025 context has profoundly changed the situation for temporary employment companies. Regulatory pressure is intensifying, fraud is becoming more sophisticated, and the consequences of poor control can be severe.

• Documented increase in fraud : reports of hidden work and the employment of untitled foreigners have increased in the construction, transport, logistics and private security sectors. Major infrastructure projects in Île-de-France, especially in the run-up to the Olympic Games, have brought this problem to the forefront.
• Cumulative risk factors : temporary employment concentrates several vulnerabilities — short missions sometimes lasting a few hours, significant staff turnover, the need to recruit very quickly, the multiplicity of sites and contractors. This configuration leaves little time for thorough checks if only manual procedures are used.
• Broad scope of document fraud : beyond the classic identity document, falsifications affect residence permits, construction business cards, driving licenses, CACES, diplomas and security training certificates. A candidate may present an apparently complete file, but entirely or partially falsified.
• Issues beyond legal compliance : identity verification contributes directly to the safety of construction sites and industrial sites. A temporary worker working under alias may not have the required qualifications or medical aptitude, increasing the risk of serious accidents. The reputation of ETT and the user company is also at stake in the face of demanding customers and contractors.
• Increasing economic impact : the 2026 reform provides for a more balanced sharing of AT/MP costs between ETT and user companies. Added to this are the risks of URSSAF recoveries, administrative and criminal fines, and the loss of framework contracts with major groups. An agency's turnover can be directly affected by a major incident related to undetected fraud.

Legal framework: obligations of temporary employment agencies in France

French law imposes specific obligations on temporary employment companies in terms of identity verification and the right to work. Here are the key takeaways.

• The ETT is the full employer of temporary workers : in accordance with article L1251-1 of the Labor Code, the temporary employment agency assumes the responsibilities of a traditional employer, including the verification of the identity and right to work of each employee before any appointment.
• Obligation to verify the authenticity and validity of documents : for any temporary worker, the ETT must check identity documents (identity card, passport) and, for non-EU/EEA nationals, residence permits and work permits. Article L5221-8 of the Labor Code prohibits the employment of a foreigner who does not have a title authorizing him to work in France.
• Specific procedure for foreigners : the employer must ask the prefecture at least 48 working hours before hiring for certain profiles. If there is no response within this period, the temporary worker is deemed to be in good standing — but this process must be traced and documented.
• Retention of audit evidence : copies of identity documents, traces of checks in the prefecture, digital verification logs must be archived and accessible in the event of an inspection by the labor inspectorate, URSSAF or the prefecture. This traceability is essential to demonstrate compliance with the obligation of means.
• Extensive vigilance obligation : the texts on the fight against hidden work and subcontracting require vigilance which also concerns the relationships between ETT and user companies. The agency must ensure that its clients respect their own obligations (registration in the single personnel register, security reception, etc.).
• Applicable CNIL and RGPD rules : the collection and storage of identity documents are governed by the European data protection regulation. Specific purposes, limited storage periods, secure access, right of access and deletion of temporary workers: all constraints to be integrated into any verification system.

Obligation of means: what the law really expects from ETTs

The obligation of means is a central legal concept for temporary employment agencies. It means that the ETT must demonstrate that it has implemented serious, adapted and up-to-date means to verify identity and detect fraud — without being able to guarantee a perfect result.

• Practical definition : the agency cannot promise the total absence of fraud. On the other hand, she must be able to prove, in the event of an audit or litigation, that she did everything that a reasonable professional could do with the tools and knowledge available at the time.
• Examples of resources expected in 2024-2025 : written control procedures validated by management, annual training of agency teams on the recognition of false documents, double verification on certain risky profiles (night work, sensitive sectors, long missions), use of digital solutions for identity verification and fraud detection), use of digital solutions for identity verification and fraud detection.
• Global consistency required by the authorities : the labour inspectorate and the courts are increasingly looking at the coherence between the internal policy displayed, the tools chosen (KYE, digital identity), and the reality of their use in the field. A powerful tool that is not used properly is not enough to demonstrate due diligence.
• Role of specialized solutions : the use of platforms like Datakeen can be a key element in proving the implementation of reasonable and up-to-date technical standards. Fraud detection AI, time-stamped archiving, and alert monitoring are all convincing arguments in the face of an inspector or a judge.
• Permanent obligation, not punctual : the audit must cover the entire duration of the temporary employment relationship. Upon registration, before each mission, upon taking up a position, and in the event of renewal or change of residence permit: each stage requires appropriate vigilance.

Risks of fraud and identity theft in the temporary employment sector

ETTs face a variety of fraud, some of which are particularly difficult to detect without specialized tools.

• Classic documentary fraud : false identity papers manufactured with increasingly sophisticated means, falsification of the validity date on an expired ticket, photo modification by digital editing, use of documents declared lost or stolen, reproduction of construction cards or CACES permits
• Identity theft and working under aliases : an employee presents himself with the papers of a third party (sometimes consenting) to bypass the requirements of qualification, medical aptitude or right to stay. On some construction sites, the person who shows up in the morning is not the person on the mission order — hence the importance of daily consistency checks.
• The most exposed sectors in 2024 : Construction (especially major infrastructure projects), logistics (e-commerce warehouses), road transport, security and security, heavy industry. These sectors combine high volumes, time pressure and access to sensitive areas.
• Practical consequences : risk of serious accidents involving untrained or unqualified temporary workers, difficulties in compensating in the event of a claim, insurance disputes, deterioration of AT/MP statistics and therefore of the contribution rate of the ETT and the user company.
• Subtler scams : inconsistencies between declared address, marital status, professional background and supporting documents of residence. Some candidates falsify their file to access bonuses, assistance devices or missions reserved for certain profiles.

Identity verification process at each stage of the interim journey

An effective system covers the entire life cycle of the mission, from registration to the end of the contract.

• When registering in an agency or online : check and scan original identity documents, residence permits, proof of address, diplomas and authorizations. Focus on an initial thorough check supported by a digital solution such as Datakeen to detect the first signs of fraud as soon as cases are created. The temporary worker sends his documents via an application or an agency, and the system automatically analyzes their authenticity.
• Before the mission : ensure the continued validity of residence permits (contact the prefecture if necessary at least 48 hours before taking up a job for certain foreign profiles), check the valid professional cards (construction, security), permits and CACES. Thanks to automated monitoring, the agency receives alerts in case of impending expiration.
• At the post office : organize a systematic visual inspection by the site manager or the safety referent. The correspondence between the person present, the photo of the file, the mission assigned and the BTP card or badge must be verified. Mobile control solutions allow real-time diagnosis via selfie compared to the registered ID photo.
• Throughout the mission : monitor the expiration dates of titles and authorizations in the HR information system, set up automatic alerts, and control punctually on site when a doubt or an incident occurs. Vigilance must remain active throughout the duration of the contract.
• In case of extension or recurring mission : impose an update of proof of identity and right to work, especially if the mission exceeds several months or if the employee's administrative situation has changed (renewal of a resident card, change of residence permit, etc.).

Digital identity verification and fraud prevention solutions

Faced with the complexity and volumes to be processed, digital solutions have become essential for ETTs eager to secure their recruitment.

• KYC/KYE platforms and document control : these solutions automatically analyze identity documents, residence permits, business cards and proof of address to detect falsifications (field changes, policy inconsistencies, abnormal MRZ codes).
• Face matching and liveness detection : facial recognition compares the selfie taken by the candidate with the photo on the identity document. The detection of living organisms prevents the use of still photos or deepfakes. These technologies ensure that the person who registers is the owner of the document.
• Substantial level solutions (PVID, recognized digital identity) : for the most sensitive sectors where 100% remote onboarding, solutions combining AI control and human validation offer a reinforced level of authentication, in accordance with European requirements.
• Datakeen, specialized French solution : Datakeen is positioned as a key player in the detection of documentary fraud and identity verification for HR actors, ETTs and major contractors. The platform is integrated into digital or hybrid paths, covering the entire life cycle of the mission.
• Complementarity with the obligation of means : these tools do not replace the responsibility of the ETT, but reinforce it. They reduce human errors, industrialize controls and provide convincing traceability in the event of control or litigation.

Focus on Datakeen: fraud detection, compliance and proof of verification

Datakeen offers a complete solution for temporary employment agencies wishing to make their identity verification process reliable.

• Automated analysis at scale : the platform can process thousands of identity and supporting documents per month. AI and artificial vision algorithms identify alterations invisible to the naked eye — field changes, photo montages, font inconsistencies, abnormal MRZ codes — where human visual control would quickly reach its limits.
• Unit and cross checks : Datakeen checks the consistency between identity, photo, dates, document numbers and country of issue. When legally accessible, the platform can query external databases or opposition lists to reinforce the result.
• Anti-fraud scoring and automatic alerts : each case receives a trust score and risk indicators. In case of suspicion, an alert can be generated for HR teams to focus their attention on high-risk cases, optimizing the time spent on each candidate.
• Contribution to the obligation of means : the time-stamped archiving of controls, the generation of verification reports and complete traceability make it possible to prove, a posteriori, in front of an inspector or a judge, that serious measures have been implemented. This is a decisive argument in case of control.
• Integrated GDPR compliance : hosting data in the EU, tools for minimization and configurable retention periods, logging of accesses, facilitated responses to requests to exercise the rights of temporary workers. Social protection services and the requirements of the CNIL are thus respected.
• Integration with existing tools : Datakeen interfaces via API and SDK with ATS, SIRH, extranets of user companies and mobile field applications. The entire life cycle of the interim mission can be covered without a break in flow.

How to structure an internal anti-fraud identity verification system

Setting up a robust device cannot be improvised. Here are the main steps to follow.

• Perform an initial diagnosis : map the points of contact with temporary workers (registration, contract signature, medical visit, arrival on site), identify the documents collected and the checks currently carried out. This diagnosis makes it possible to identify weaknesses and areas for improvement.
• Formalize a written policy : write an identity verification and anti-fraud procedure, validated by management and the DPO. Specify the roles (agency, head office, user company), the thresholds of reinforced vigilance and the procedures in case of suspicion.
• Combining human and automated controls : integrate a KYE/anti-fraud solution such as Datakeen to reduce the risk of manual error and speed up the processing of bulk files. Human teams focus on complex or risky cases.
• Train teams regularly : make agency consultants, HR managers and site referees aware of the basic recognition of suspicious documents, GDPR best practices, the reporting of incidents and the management of reports. Annual training is a minimum.
• Set up monitoring indicators : number of fraud detected, average time to process a file, volume of rejected documents, incidents reported by user companies. These indicators make it possible to adjust the resources deployed and to demonstrate the effectiveness of the system.
• Communicating with user businesses : explain the checks carried out, clarify the respective responsibilities, propose additional devices on site (visual checks, mobile scan). This transparency reinforces trust and cooperation in the face of shared risks.

FAQ — Identity verification for temporary workers and digital solutions

What documents should a temporary employment agency check first?

In priority: identity card or passport, residence permit and work authorization for non-EU nationals, proof of residence, construction card or sectoral professional card (security, security), driving license, CACES and security clearances depending on the position. A Carte Vitale may also be requested to verify social protection affiliation.

Does a digital solution like Datakeen completely replace human controls?

‍No, it completes them. The tool automates the detection of documentary fraud and provides scoring, but the final decision remains with the ETT. The agency retains legal responsibility and must maintain human vigilance, especially for ambiguous cases or risk profiles.

How to reconcile reinforced identity verification and compliance with the GDPR?

‍By clearly defining the purposes (fraud prevention, legal compliance), by limiting the data collected to what is strictly necessary, by setting reasonable retention periods, by securing access to files and by informing temporary workers via a confidentiality notice. Using a service provider like Datakeen, hosted in the EU and GDPR compliant, facilitates this compliance.

What is the risk of an agency if identity fraud is discovered afterwards?

‍The risks are multiple: URSSAF adjustments, administrative fines, criminal sanctions in the event of the employment of a foreigner without a title or hidden work (prison sentences for the manager, fines multiplied by the number of employees concerned). The reputational impact can also be heavy, with the loss of framework contracts. The severity of the sanctions will depend on the agency's ability to prove that it has implemented a genuine obligation of means.

Is it possible to use these solutions in a 100% online journey?

‍Yes. KYE platforms like Datakeen are designed to be integrated into complete digital journeys: online registration, selfie, liveness check, automatic document control, electronic contract signature.Identity verification for temporary workers is no longer a simple administrative formality. Faced with the sophistication of fraud and the tightening of the legal framework, ETTs that adopt digital solutions such as Datakeen reinforce their obligation of means, protect their customers and secure their own business. If you want to assess the robustness of your current system or discover how Datakeen can be integrated into your processes, do not hesitate to ask for a personalized diagnosis. Securing your recruitments starts with the quality of your identity verification.