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Corporate Retention Policy Template for United Arab Emirates

A comprehensive document outlining the organization's policies and procedures for maintaining, storing, and disposing of business records in compliance with UAE federal laws and regulations. The policy addresses retention requirements under key UAE legislation including Federal Decree-Law No. 45 of 2021 (Personal Data Protection Law), Federal Law No. 2 of 2019 (Commercial Companies Law), and relevant free zone regulations. It provides detailed guidelines for both physical and electronic records management, ensuring compliance with legal obligations while maintaining operational efficiency and data protection standards specific to the UAE business environment.

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What is a Corporate Retention Policy?

The Corporate Retention Policy serves as a crucial governance document for organizations operating in the United Arab Emirates, establishing standardized procedures for managing business records in accordance with local legal requirements. This policy becomes essential as organizations navigate the complexities of UAE federal laws, including the recent Federal Decree-Law No. 45 of 2021 on data protection, along with various free zone regulations. The Corporate Retention Policy provides comprehensive guidance on retention periods, storage methods, and disposal procedures for different types of business records, while ensuring compliance with sector-specific requirements and international best practices. It is particularly important given the UAE's evolving regulatory landscape and the increasing focus on data protection and digital transformation in the region.

What sections should be included in a Corporate Retention Policy?

1. Purpose and Scope: Defines the objectives of the policy and its application across the organization, including geographical and departmental scope

2. Definitions: Clear definitions of key terms used throughout the policy, including types of records, retention periods, and destruction methods

3. Legal and Regulatory Framework: Overview of applicable UAE laws and regulations governing record retention, including federal laws and relevant free zone regulations

4. Roles and Responsibilities: Defines responsibilities for various stakeholders including management, IT, legal department, and employees in maintaining records

5. Record Classification: Categorization of different types of records and their respective retention requirements

6. Retention Periods: Detailed retention schedules for different categories of records, aligned with UAE legal requirements

7. Storage and Protection: Requirements for secure storage of both physical and electronic records, including access controls and security measures

8. Disposal and Destruction: Procedures for secure disposal of records after retention period expires, including methods and documentation requirements

9. Legal Hold Procedures: Process for suspending normal retention periods when records are subject to legal proceedings or investigations

10. Compliance and Audit: Procedures for monitoring compliance with the policy and conducting regular audits

What sections are optional to include in a Corporate Retention Policy?

1. Electronic Records Management: Detailed procedures specific to electronic records management, recommended for organizations with significant digital operations

2. Cross-Border Data Transfer: Procedures for managing records that cross UAE borders, necessary for multinational organizations

3. Industry-Specific Requirements: Additional retention requirements specific to certain industries (e.g., healthcare, financial services)

4. Free Zone Specific Requirements: Additional requirements for companies operating in specific UAE free zones like DIFC or ADGM

5. Data Subject Rights Procedures: Procedures for handling data subject requests under UAE data protection law, necessary for organizations handling personal data

What schedules should be included in a Corporate Retention Policy?

1. Retention Schedule Matrix: Detailed matrix showing retention periods for all record types, including legal basis and responsible department

2. Document Destruction Log Template: Template for recording details of destroyed records

3. Legal Hold Notice Template: Standard template for communicating legal hold requirements

4. Record Classification Guide: Detailed guide for classifying different types of records

5. Compliance Checklist: Checklist for periodic compliance reviews

6. Department-Specific Retention Requirements: Specific retention requirements broken down by department

7. Security Classification Matrix: Guide for determining security classification levels for different types of records

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Cost

Free to use

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