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Despite the apparent strictness of the GDPR’s data retention periods, there are no rules on how long personal data should be kept for. Data should not be held for longer than is needed and shouldn’t be kept ‘just in case’ you have a need for it in the future. Tough new data protection rules - called GDPR - will come into force on May 25 across Europe, including in the UK. Good records will also help you to monitor and refresh consent as appropriate. On May 25, 2018, years of preparation ended. 3 CRM features to help you manage customer data The number of GDPR compliant features will continue to be rolled out throughout the year. Ensure that all of your employees know what’s required of them and how they can help you stay GDPR compliant. You are in the best position to judge how long you need it. A version of this blog was originally published on 12 November 2018. EU data protection rules, also known as the EU General Data Protection Regulation (or GDPR), describe different situations where a company or an organisation is allowed to There are two ways you can avoid data retention deadlines. In addition to these, business should be stipulating their own retention periods for the data and records they keep (to include those that contain personal data). He has a master’s degree in Critical Theory and Cultural Studies, specialising in aesthetics and technology, and is a one-time winner of a kilogram of jelly beans. These regulations include, but aren’t necessarily limited to, the GDPR. Two years on from GDPR enforcement does your house-keeping need a refresh? We recognise that personal data should be retained for no longer than is necessary for the purpose it was obtained. How to judge necessity? How GDPR could affect your company customer's data collection. It also reduces costs of storage and document management. For example, when the data is subject to tax and audits, or to comply with defined standards, there will be data retention guidelines you must follow. If you keep sensitive data for too long – even if it’s being held securely and not being misused – you may still be violating the Regulation’s requirements. Despite the apparent strictness of the GDPR’s data retention periods, there are no rules on how long personal data should be kept for. You have an obligation to keep records securely for as long as they contain personal information so you need to make sure that you have processes in place to make sure the security is appropriate.. A client asked whether all records should be kept for the same period. Rights in relation to automated decision making and profiling – wholly automated decisions are prohibited unless certain conditions apply. Company Awareness Of User Data. According to the GDPR, companies should report certain types of data breach to the Information Commissioner’s Office within 72 hours. Data must be stored for the shortest time possible. The customer can ask for a copy of a phone call. So, to limit the damage that data breaches can cause, regulators mandated that EU-based organisations must retain personal data only if there’s a legitimate reason for keeping it. Employees’ silence or lack of complaint about the processing, consent incorporated as a standard employment contract term or in data protection policies does not meet the standard required. If you’re GDPR-compliant, you should be covered with the UK law, as well. Clients are sometimes surprised when we tell them that GDPR does not set out specific time limits for data to be held. Keeping and using data has a … A copy of the signed written statement of terms and conditions of employment (the ‘contract’) 3 It’s easy to erase hard copy data, but digital data often leaves a trace and copies may reside in forgotten file servers and databases. Creating a data retention policy can seem like a daunting task, but with our GDPR Toolkit, the process is made simple. This is shorter than the previous 40-day timeframe. Regular deletion of unnecessary data also reduces the amount of data you need to sift through to comply with subject access requests. Have a read of ‘The guide to GDPR for small businesses’. Under the General Data Protection Regulation (GDPR), organisations must create a data retention policy to help them manage the way they handle personal information. So you will need to decide how long you need to keep personal data. Long gone are the days when companies could outbid each other on TV and radio advertising, waiting for customers to line up at the door. The storage period doesn’t seem proportionate to the purpose of finding employment for a person in the short to medium term. Your data retention policy should be part of your overall information security documentation process. All copies of the data should be removed from live and back-up systems. However, companies are allowed to extend the period by a further two months if the request is complex or if you have made numerous requests. As long as one of your purposes still applies, you can continue to store the data. 7 General Data Protection Regulation (GDPR) – Personal Data Retention Policy. Article 5.1.e of the GDPR requires that personal data not be retained longer than necessary. There are numerous legislative Acts and Regulations that mandate statutory retention periods for documents such as financial records or HR or Health and Safety records. Organisations can instead set their own deadlines based on whatever grounds they see fit. The storage period doesn’t seem proportionate to the purpose of finding employment for a person in the short to medium term. Employees must consent freely to specific use, purpose, or processing of data. Keeping the above in mind, if a list of customer names was provided to you as part of a response to your data subject access request, and these are not company names, (i.e. It makes commercial sense to get to grips with retention. This means that when you complete a research project, you should assess how long you need to keep the personal data relating to it, and anonymize or delete that data at the end of that period. That leaves point f) Principle f): Security. For example, HMRC require payroll records to be kept for three years from the end of the tax year that they relate … That might sound overly strict, but there’s a good reason for it. Europe in general has long had more stringent rules around how companies use the personal data of its citizens. The policy should also outline the purpose for processing the personal data. A data retention policy is a set of guidelines that helps organisations keep track of how long information must be kept and how to dispose of the information when it’s no longer needed. It can become confusing when trying to decide what would be an ‘appropriate’ length of time to retain the information kept within an organisation. How long can you keep data for under GDPR? If they have not … The decision should be based on two key factors: the purpose for processing the data, and any legal or regulatory requirements for retaining it. It showed just often our records sit on organisation’s databases long after we’ve finished using their services. The DPA right of access timeframe is currently 40 days. You have two options when the deadline for data retention expires: delete it or anonymise it. It is up to you to justify this, based on your purposes for processing. 7. To comply with the GDPR, you will need to put the data ‘beyond use’. General Data Protection Regulation (GDPR), PCI DSS (Payment Card Industry Data Security Standard). The GDPR does not dictate how long you should keep personal data. You won’t be alone if you have many more. Your company/organisation runs a recruitment office and for that purpose it collects CVs of persons seeking employment and who, in exchange for your intermediary services, pay you a fee. A simple data retention policy will address: Different types of information will be subject to different rules, so you must keep a record of what data you are processing – whether that’s names, addresses, contact details, financial records and so on. Moreover, the fact you don’t request updates to CVs at regular intervals renders some of the searches useless for the person seeking employment after a certain amount of time (for instance … All organisations generate information about their Customers, Staff, Suppliers, Finances and so on. A few of these touch upon your feedback forms. It only takes one piece of bad luck for an organisation’s systems to be breached, whether it’s a cyber attack or an internal error. How GDPR affects your customer data. The only requirement is that the organisation must document and justify why it has set the timeframe it has. Luke Irwin is a writer for IT Governance. If the breach can directly affect people’s rights and freedoms, individuals must be notified as well. While there is no set period of time set out within the GDPR, some records must be kept for a certain period of time in accordance with other legislation. How long can personal data be stored? Organisations must demonstrate that employees were: 1. informed of the purpose and use of their personal data, and 2. given a clear explanation of how it will be treated. Your company/organisation should establish time limits to erase or review the data stored. If you opt to delete the data, you must ensure all copies have been discarded. However, the country’s Data Protection Act is nearly identical to the GDPR — all the way down to the same May 25 start date. Violating the terms of the GDPR comes with a hefty price. Across Europe, long-planned data protection reforms started to be enforced. You plan to keep the data for 20 years and you take no measures for updating the CVs. How to get rid of data when the retention period ends? Moreover, the fact you don’t request updates to CVs at regular intervals renders some of the searches useless for the person seeking employment after a certain amount of time (for instance because that person has gained new qualifications). requires that personal data is not kept for longer than is necessary, and what is necessary depends on your specific circumstances. Point a) (collected lawfully) is very important, so we’ll cover it in detail in the next section. This ensures that you have documented proof that justifies your data retention periods. The European General Data Protection Regulation's primary purpose is to ensure each individual's ability to control who collects and processes their data, what the data is used for, and guarantees that it is handled as safely as possible. And with it, the digital world brings its own rules, which we all need to be aware of. How to Keep Customer Information in Line with Data Regulations September 28, 2017 - by Rory Whelan Every day, we give out private data and information, be it our mobile phone number, email address or credit card number. – How long you plan on keeping their data – That they’re able to request to have their data deleted or fixed as requested – Source of where data was obtained – That they have the right to lodge a complaint with the EU Commission if they’re displeased with your response. 11. The first is by anonymising data; this means that the information cannot be connected to an identifiable data subject. You should also consider your legal and regulatory requirements to hold on to the data. How to tackle data retention. The GDPR mandates that data should be deleted or anonymized once it is no longer needed for the purpose for which it was collected. You can plan how your data will be used and if it will be needed for future use by creating a data flow map. If, for example, you told candidates in your sourcing email that you would keep their data for a year after they apply, you don’t need to send them another email until that year has passed. That period should take into account the reasons why your company/organisation needs to process the data, as well as any legal obligations to keep the data for a fixed period of time (for example national labour, tax or anti-fraud laws requiring you to keep personal data about your employees for a defined period, product warranty duration, etc.). For example, if you process individuals’ debit or credit card information, you may be subject to the PCI DSS (Payment Card Industry Data Security Standard). But, the first wave of GDPR features became available in a new version of SuperOffice CRM in February, 2018 - long before the May 25th deadline. Written by Ricardo Álvarez, OpenKM USA staff member on 20 November 2020. Employers must record the grounds on which they will be processi… Can the customer access the call recordings that the company makes? By way of an exception, personal data may be kept for a longer period for archiving purposes in the public interest or for reasons of scientific or historical research, provided that appropriate technical and organisational measures are put in place (such as anonymisation, encryption, etc.). A Gap Analysis Tool that you can use to measure your overall compliance practices; Guidance on how to complete your documentation requirements, with templates on pseudonymization, minimisation and encryption, to name a few; A roles and Responsibilities Matrix to help you understand who oversees certain tasks and function. This means that you must remove the data when you no longer need it for your research. It has you will need to sift through to ending relationships with a company long had more stringent rules how! 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