Why are retention periods important?

Compliance with retention periods is necessary for organizations. On the one hand, you may not keep data longer than necessary, while, on the other hand, certain laws require you to keep data for a period of time. It is therefore important to delve into this and to properly organize retention periods within your organization. Here are three main reasons why:

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1. Safety and privacy

By keeping data for too long, you increase the risk of data leaks and unauthorized access. Under the General Data Protection Regulation (GDPR), you are obliged not to keep personal data longer than necessary for the purpose for which it was collected.

2. Legal obligations

Various laws, such as the Tax Code, the Archives Act, and the Medical Treatment Agreement Act (WGBO), determine how long you must keep certain data. Failure to comply with these rules may result in sanctions or legal problems.

3. Risks of non-compliance

Failure to comply with retention periods correctly may result in:

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• Fines: Authorities such as the Data Protection Authority can impose heavy fines.
• Reputational damage: Leaking out of date data can damage the trust of customers and partners.
• Legal claims: Insufficient documentation can lead to problems with audits or lawsuits.

Overview of the most important retention periods

To make things clear, we have divided the retention periods by category. This helps you quickly determine which rules apply to your organization.

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Personal Data (AVG/GDPR)

• Application details
  Retention period: 4 weeks (without permission)
  Legislation: AVG
• Personnel files
  Retention period: 2 years after leaving employment
  Legislation: AVG
• Copy of ID card
  Retention period: Maximum 5 years after retirement
  Legislation: AVG

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Administration and Taxation

• Financial and administrative information
  Retention period: 7 years
  Legislation: Tax law
• Invoices
  Retention period: 7 years
  Legislation: Tax law
• Financial statements
  Retention period: 7 years
  Legislation: Tax law

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juridical

• Contracts
  Storage period: 5 to 20 years (depending on type)
  Legislation: Civil Code
• Warranty claims
  Retention period: Up to 5 years after expiration
  Legislation: Civil Code

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Care

• Medical records
  Retention period: At least 20 years after last contact
  Legislation: WGBO
• Patient records (academic)
  Retention period: Up to 115 years after date of birth
  Legislation: Archives Act
• Psychiatric medical records
  Retention period: At least 5 years after dismissal
  Legislation: WGBO
• Occupational medical records
  Storage period: At least 15 years after exposure
  Legislation: Working Conditions Act
• Research data
  Retention period: At least 15 years after research
  Legislation: EU Clinical Trials Regulation
• Medical data: employees in contact with dangerous substances
  Retention period: At least 40 years
  Legislation: Working Conditions Act

How do you decide what to keep and what to destroy?

Managing retention periods can be complicated. Here are three practical steps you can take to get a grip on your data management:

1. Set a retention policy

Provide a clear storage policy that meets the legal requirements and needs of your organization. This policy should specify what data is kept, how long, and when it is destroyed.

2. Use tools and software

There are several tools available to help you manage retention periods. For example, these tools can automatically warn you when data needs to be destroyed or archived. Task management systems, for example, are ideal for this, and they are also suitable for implementing an ISO management system, read all about this combination in the following blog.

3. Check regularly

It's important to periodically review your data and remove outdated information. This prevents you from running unnecessary risks and ensures more efficient data management.

How we can help you ensure retention periods

To help you comply with retention periods, we offer a number of practical tools:

1. AVG scan

Our AVG scan helps you understand how your organization deals with personal data and retention periods.

2. Retention Policy Template

Download our handy retention policy template and get started organizing your data management right away.

3. Tailored advice

Do you have specific questions about retention periods or implementing a retention policy? Feel free to contact us for an introductory meeting.

Take the first step towards compliance today

Properly managing retention periods is necessary for complying with legislation, protecting privacy, and avoiding risks. By setting up a good retention policy and evaluating it regularly, your organization remains compliant, efficient and secure.

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Do you have questions or want to get started right away? Download our retention policy template or contact us for a free introduction. Together, we ensure that your organization is fully compliant!