How do you set a GDPR-compliant document retention policy?
A retention policy means a written period for every document type, and a deletion that actually happens.
Răspuns scurt
- You inventory the document types that contain personal data.
- For each type you set a retention period and its basis: a legal obligation or a documented legitimate interest.
- When the period expires, the document is deleted or anonymized automatically, not "whenever someone remembers".
- Every deletion is recorded, so you can prove compliance with the storage-limitation principle.
What the law says (in brief)
- Regulation (EU) 2016/679, Art. 5(1)(e) — storage limitation: personal data is kept only as long as necessary for the purpose.
- Regulation (EU) 2016/679, Art. 17 — the right to erasure; it doesn't apply where retention is required by a legal obligation.
- Law 82/1991: the 10 years for registers and supporting documents and the 50 years for payroll records apply over a deletion request.
- OMFP Order 2634/2015: for some financial-accounting documents the period is 5 years.
- Law 16/1996: the records retention schedule is the document where these periods are actually written down.
Practical examples
- CVs of rejected candidates: a short period set by the company, often 6–12 months, with the candidate informed beforehand.
- A former employee requests data deletion: their file can't be deleted in full, because the payroll record has a legal period of 50 years.
- The building access log: a period of a few months, then automatic deletion, with no manual step.
- A company with 300 document types narrows the list to 42 categories with distinct periods and automates the rest.
Common mistakes
- The policy exists on paper, but no actual deletion has ever taken place.
- Every deletion request is accepted, including for documents with a mandatory legal period.
- Backups still hold data that was already deleted from the main system.
- No proof of deletion is kept, so compliance can't be demonstrated.
- Periods are set "out of caution" at 30 years for everything, which violates the storage-limitation principle.
How 4docs helps
- A retention period configured for each document type, with its basis noted alongside.
- An alert before expiry, so deletion is checked by a person in charge.
- Automatic deletion or anonymization on schedule, including for attached files.
- The deletion register stays as proof for the supervisory authority.