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Data Retention Policy
I need a data retention policy that outlines the types of data collected, the duration for which each type of data will be retained, and the procedures for securely deleting data once it is no longer needed, in compliance with Swiss data protection regulations. The policy should also include guidelines for data access and the roles responsible for data management and oversight.
What is a Data Retention Policy?
A Data Retention Policy sets clear rules for how long your organization keeps different types of information and when you should delete it. For Swiss companies, it helps meet legal requirements like those in the Federal Act on Data Protection (FADP) while managing business records efficiently.
The policy specifies retention periods for everything from employee files and financial records to customer data and emails. It protects your organization by ensuring you keep essential documents long enough for legal compliance (usually 10 years for business records under Swiss law), while also respecting privacy rights by not storing personal data longer than necessary.
When should you use a Data Retention Policy?
Consider implementing a Data Retention Policy when your organization handles sensitive information or must comply with Swiss data protection laws. It becomes essential when managing multiple data types across departments, from HR records to customer databases, or when preparing for regulatory audits under FADP requirements.
The policy proves particularly valuable during mergers and acquisitions, system migrations, or when expanding operations internationally. It helps prevent costly legal issues, reduces storage costs, and protects against data breaches by eliminating unnecessary records. For Swiss businesses handling EU customer data, it's crucial for maintaining GDPR compliance alongside local requirements.
What are the different types of Data Retention Policy?
- Audit Log Retention Policy: Focuses specifically on system logs and audit trails, defining retention periods for technical records that track user actions, system changes, and security events
- Department-Specific Policy: Tailored retention schedules for different business units like HR, Finance, or Legal, reflecting their unique regulatory requirements
- Industry-Focused Policy: Customized for sectors like healthcare or banking, incorporating specific Swiss regulatory requirements and industry standards
- Global Operations Policy: Addresses both Swiss and international data retention requirements, particularly useful for companies operating across borders
Who should typically use a Data Retention Policy?
- Data Protection Officers (DPOs): Create and maintain Data Retention Policies, ensuring compliance with Swiss data protection laws and coordinating implementation across departments
- IT Teams: Handle technical implementation, including automated deletion schedules and backup management
- Legal Counsel: Review policies for compliance with Swiss and EU regulations, especially for cross-border data flows
- Department Managers: Ensure their teams follow retention schedules and properly classify information
- External Auditors: Verify compliance with retention policies during regular assessments
- Employees: Follow policy guidelines when handling company data and documents
How do you write a Data Retention Policy?
- Data Inventory: Map all types of data your organization handles, including personal information, business records, and system logs
- Legal Requirements: Review Swiss FADP obligations and industry-specific retention periods for your sector
- Storage Systems: Document where data is stored, including cloud services, local servers, and physical archives
- Department Input: Gather feedback from key departments about their data handling needs and challenges
- Technical Capabilities: Confirm your systems can enforce automated deletion and retention schedules
- Policy Generation: Use our platform to create a compliant policy that includes all required elements and Swiss-specific provisions
What should be included in a Data Retention Policy?
- Purpose Statement: Clear explanation of policy objectives and compliance with Swiss FADP requirements
- Data Categories: Detailed classification of information types and their specific retention periods
- Legal Basis: Reference to relevant Swiss laws and regulations governing data retention
- Retention Schedule: Specific timeframes for keeping different data types, including minimum legal requirements
- Deletion Procedures: Methods and timing for secure data destruction or anonymization
- Roles and Responsibilities: Clear assignment of data management duties to specific positions
- Exception Handling: Procedures for legal holds and special circumstances requiring extended retention
- Review Process: Schedule for policy updates and compliance assessments
What's the difference between a Data Retention Policy and a Data Protection Policy?
A Data Retention Policy differs significantly from a Data Protection Policy in both scope and purpose. While they work together to ensure data compliance, each serves distinct functions within Swiss organizations.
- Focus and Scope: Data Retention Policies specifically outline how long different types of data should be kept and when to delete them. Data Protection Policies cover broader privacy safeguards, including collection, use, and security measures.
- Legal Requirements: Retention policies primarily address Swiss record-keeping obligations and FADP storage limitation principles. Protection policies encompass all aspects of data privacy law compliance.
- Implementation: Retention policies include specific timeframes and deletion schedules. Protection policies establish general guidelines and procedures for handling personal data.
- Business Function: Retention focuses on managing storage costs and legal compliance. Protection addresses overall privacy risk management and data subject rights.
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