Creating and Maintaining Your Data Retention Policy

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Data retention policies are an essential part of any organization’s data security and privacy program. In the digital age, companies have to store more information than ever before, and having a policy that ensures their data is secure and compliant with applicable laws is vital. With Genie AI’s enormous dataset and community template library, users can draft and customize top-quality legal documents free of charge - no lawyer or expertise required.

At its core, a data retention policy is a document that sets out how an organization stores, uses and disposes of their data. To ensure compliance with relevant laws such as the US’ HIPAA or GDPR in Europe, these documents must be up-to-date and reviewed regularly to remain effective. Rules set out in these policies help organizations protect their valuable data from unauthorized access by specifying how long certain types of information should be stored for, as well as setting out procedures for storage and disposal which meet necessary safety standards.

In addition to keeping organizations compliant with the law, proper enforcement of a well-written retention policy preserves the credibility of an organization - customers need assurance that their personal information is secure in order to use services they provide. It also ensures efficient business operations by ensuring only necessary information is kept safe while any outdated records are securely destroyed when no longer needed. Companies must regularly review these protocols; this helps maintain the security of all stored information while also ensuring clarity around compliance issues which may arise over time due to changes in legislation or other external factors affecting the security landscape.

Having an effective retention policy protects organizations from legal action resulting from negligence or ignorance; not having one can create significant financial liability if personal records are mishandled or improperly used. For companies small or large, it pays off immensely to invest in developing robust policies that allow them to keep up with constantly-evolving regulations while providing world-class protection for customer privacy at all times - allowing them to stay ahead while maintaining public trust without fail.

The Genie AI team understands how daunting creating effective data retention policies can seem - so we’ve created step by step guidance together with our community template library so you can quickly craft high quality legal documents tailored specifically around your organization’s needs today! Read on below for further details on what Genie AI can offer you – absolutely free.

Definitions (feel free to skip)

Data Retention Policies: Rules and procedures for the collection, use, and retention of data that are compliant with applicable laws and regulations.
General Data Protection Regulation (GDPR): A set of laws and regulations protecting the privacy and security of personal data.
Retention Periods: The amount of time data is stored before being disposed of.
Policy Document: A written document outlining the data collected, the applicable retention periods, and the associated compliance requirements.
Roles and Responsibilities: Assigning specific tasks and duties to individuals or groups within an organization.
Internal Review Process: The process of regularly reviewing a policy to identify any changes that need to be made.
Secure Framework: A set of measures taken to ensure the security of data, such as encryption and access control.
Disposal Process: The process of securely erasing or deleting data that is no longer needed.
Training Plan: A plan to ensure staff are properly trained on the data retention policy and associated processes.
Monitoring: The process of observing and evaluating a policy to ensure it is being followed.
Audit Process: The process of regularly auditing a policy to identify any gaps or weaknesses.

Contents

• Understanding the purpose of data retention policies and the associated regulations
• Identifying the data that needs to be retained and the applicable retention periods
• Creating a data retention policy document
• Defining roles and responsibilities around data retention
• Establishing an internal review process for the data retention policy
• Implementing a secure framework for data storage
• Developing processes for disposing of data when required
• Developing a plan to ensure staff are trained on the data retention policy and associated processes
• Monitoring the implementation of the data retention policy
• Establishing an audit process for the data retention policy

Get started

Understanding the purpose of data retention policies and the associated regulations

• Understand the legal requirements for data retention, such as the General Data Protection Regulation (GDPR)
• Research any industry-specific requirements for data retention
• Determine what type of data must be retained and for how long
• Become familiar with the concept of a retention period and how it applies to data retention
• Consider the data retention needs of the organization and develop a data retention policy based on the findings

When you can check this off your list:
After researching the legal requirements, industry-specific requirements, and the data retention needs of the organization, you will have a good understanding of the purpose of data retention policies and the associated regulations.

Identifying the data that needs to be retained and the applicable retention periods

• Identify the types of data your company holds and the purposes for which that data is used.
• Analyze the applicable laws and regulations related to data retention for the applicable jurisdiction(s).
• Assess the risk associated with data retention based on the applicable laws and regulations.
• Set data retention periods based on the applicable laws and regulations, risk assessments, and business needs.
• Document the data retention periods and all associated information in a policy document.

You can check this step off your list when all data types have been identified, all applicable laws and regulations have been analyzed, the risks associated with data retention have been assessed, and the data retention periods and all associated information have been documented in a policy document.

Creating a data retention policy document

• Create a draft of the data retention policy document, outlining the data that needs to be retained, the applicable retention periods, and the roles and responsibilities of those involved in data retention.
• Review the draft to ensure accuracy and completeness.
• Finalize the data retention policy document.
• Distribute the data retention policy document to relevant stakeholders.
• When all steps have been completed, you can check this off your list and move on to the next step.

Defining roles and responsibilities around data retention

• Identify the individuals or teams who will be responsible for developing and implementing the data retention policy.
• Assign roles and responsibilities within the organization for the data retention policy.
• Determine who will be the primary contact for questions or concerns related to data retention.
• Establish a process to regularly review and update the data retention policy.

Once the roles and responsibilities around data retention are established, you can move on to the next step of establishing an internal review process for the data retention policy.

Establishing an internal review process for the data retention policy

• Create a timeline for reviewing and updating the data retention policy, such as every 6 months or annually.
• Outline the process for internal review of the data retention policy, including who needs to be consulted, how the policy will be communicated, and how any changes will be implemented.
• Document the review process for future reference and use.
• Once the review process is established, test it by having a sample review of the policy.
• Once the review process is tested and finalized, communicate the process to all personnel that are responsible for data retention.
• You will know you can move on to the next step when the internal review process is finalized and communicated to all stakeholders.

Implementing a secure framework for data storage

• Develop an internal data storage policy that outlines how data should be stored, including which tools, software, and platforms should be used.
• Assess the security of existing data storage tools, software, and platforms and make any necessary changes to ensure data is stored securely.
• Ensure that encryption is in place to protect data stored on any device or third-party platform.
• Train staff on the internal data storage policy and the security measures in place.
• Ensure that only authorized personnel are given access to stored data.
• Monitor any changes made to the data storage policy and framework, and update as needed.

When you can check this off your list and move on to the next step:

• When all changes have been made to the data storage policy and framework and all staff have been trained on the policy and security measures in place.

Developing processes for disposing of data when required

• Identify the types of data you collect and what the appropriate disposal methods are for each type
• Develop a process for securely disposing of data, including how to remove it from back-up systems and how to securely delete or destroy it
• Establish an audit trail to track when data is disposed of
• Ensure you have the resources in place to properly dispose of data when needed
• Once the processes are developed, document the policies and procedures to ensure they are followed consistently
• Once the processes are documented, test them to ensure they are working as intended

You will know when you can check this off your list and move on to the next step when the processes have been documented and tested.

Developing a plan to ensure staff are trained on the data retention policy and associated processes

• Identify key personnel responsible for the training of staff on data retention policies
• Schedule and design a training course on the data retention policy and associated processes
• Draft a training plan, including a timeline and objectives
• Prepare any necessary materials, such as presentations and handouts
• Deliver the training to staff and ensure that they understand the policy and processes
• Document the training and obtain the staff members’ signatures for acknowledgement
• When the training is complete, obtain feedback from staff to assess the effectiveness of the training
• Once the training is done, evaluate the effectiveness of the training with staff
• When all staff complete the training and understand the data retention policy and associated processes, you can check this off your list and move on to the next step.

Monitoring the implementation of the data retention policy

• Set goals and milestones for monitoring the implementation of the data retention policy
• Track and review progress against the goals and milestones
• Utilize automated tools/techniques to monitor the data retention policy
• Establish a reporting process to document any issues or non-compliance
• Establish a process to review and update the data retention policy
• Implement a system to ensure that all staff members are aware of any changes to the policy
• Review the performance of the data retention policy on a regular basis
• When any of the above tasks have been completed, you can move on to the next step of establishing an audit process for the data retention policy.

Establishing an audit process for the data retention policy

• Develop a plan to audit the data retention policy to ensure it is being followed correctly
• Schedule regular reviews of data retention practices to ensure that the policy is being followed
• Create a checklist of the data retention policy to be used during the audit process
• Involve personnel from various departments to ensure that the data retention policy is being implemented correctly
• Document any discrepancies found in the audit process and take corrective action to address them
• After completing the audit process, review the audit results and make any necessary changes to the data retention policy

Once the audit process has been established, you can check this off your list and move on to the next step.

FAQ:

Q: What does a data retention policy do?

Asked by John on January 12th 2022.
A: A data retention policy is an important document which outlines how your organisation will collect, store, access, and dispose of personal data. It is essential to ensure that your company is compliant with relevant laws and regulations. This document will provide guidance to your staff on how to protect and manage personal data, as well as providing clarity on what you must keep and for how long.

Q: What are the differences between US and UK laws on data retention?

Asked by Emma on April 4th 2022.
A: The US and UK have different laws when it comes to the retention of personal data. In the US, there is no federal law that specifically covers data retention. However, there are particular laws that may apply in certain industries, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach Bliley Act (GLBA). In the UK, there is the Data Protection Act (DPA) 2018 which provides a legal framework for organisations to comply with when processing and storing personal data. The DPA 2018 sets out certain requirements and principles which organisations must adhere to when collecting, storing, using and disposing of personal data.

Q: How should I approach creating a data retention policy for my business?

Asked by David on June 17th 2022.
A: When creating a data retention policy for your business, it is important to consider the specific needs of your organisation. You should consider what type of personal data you are collecting, where it is stored and how long it must be retained for, as well as any legal requirements that may apply to your sector or industry. It is also important to ensure that all staff understand the policy and are aware of their responsibilities when it comes to handling personal data. Finally, you should ensure that the policy is regularly reviewed and updated as needed to ensure compliance with changing laws and regulations.

Q: What should I include in my company’s data retention policy?

Asked by Alex on August 5th 2022.
A: Your company’s data retention policy should include information about what type of personal data you collect and store, who has access to this information, how long it should be retained for, any security measures in place for protecting this information, a process for disposing of this information when no longer needed, a process for responding to requests from individuals about their personal data, and any other relevant information related to handling personal data.

Q: What are some best practices for maintaining a data retention policy?

Asked by Olivia on October 19th 2022.
A: When maintaining a data retention policy, there are some key best practices you should follow in order to ensure compliance with relevant laws and regulations. Firstly, you should ensure that all staff understand the policy and are aware of their responsibilities when it comes to handling personal data. Secondly, you should regularly review the policy in order to ensure it remains up-to-date with any changes in relevant laws or regulations. Finally, you should monitor how the policy is being implemented within your organisation on an ongoing basis in order to ensure compliance.

Q: What are some tips for making sure my company’s data retention policy is effective?

Asked by Noah on December 3rd 2022.
A: When creating an effective data retention policy for your company there are some tips you can follow in order to ensure that the policy is effective in protecting personal information from misuse or abuse. Firstly, make sure that all staff understand their roles and responsibilities under the policy; secondly, use secure methods for storing personal information such as encryption; thirdly make sure that all access controls are regularly monitored; fourthly make sure all relevant staff have adequate training; fifthly review the policy regularly; sixthly ensure adequate security measures are in place; seventhly consider using an automated system for tracking requests; eighthly set up processes for responding to requests from individuals about their personal information; ninthly develop procedures for securely disposing of personal information when no longer needed; tenthly make sure all necessary documents are kept up-to-date; eleventhly set up processes for notifying individuals of changes; twelfthly establish procedures for making sure only authorised personnel can access any documents containing sensitive information; thirteenthly consider using a secure cloud service provider where necessary; fourteenthly audit logs regularly; fifteenthly make sure appropriate security measures are taken at all times with regards to mobile devices containing sensitive information; finally consider implementing additional security measures such as two-factor authentication where necessary

Example dispute

Suing Companies for Violating Data Retention Policies

• A plaintiff might raise a lawsuit against a company for violating their data retention policy, if the company failed to keep and store data for the length of time specified in the policy.
• The plaintiff would need to provide evidence that the company did not adhere to their policy, and that this resulted in damages for the plaintiff.
• The lawsuit should reference relevant legal documents and regulations, such as the Data Protection Act, the EU General Data Protection Regulation, and any other relevant civil law, that the company may have violated.
• Evidence should also be provided to support the plaintiff’s claim, such as emails and documents demonstrating the company’s failure to keep the data or store it for the length of time specified in the policy.
• The settlement might include the company paying damages to the plaintiff, or a court order requiring the company to adhere to their policy in the future.
• Damages may include any direct losses incurred by the plaintiff, as well as indirect losses such as reputation damage or loss of customers.

Templates available (free to use)

Data Retention Policy
Data Retention Policy Uk Gdpr Eu Gdpr Dpa 2018

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