Working with (digital) documents involves far more than simply storing them. Files are subject to retention periods, many of which are defined by legislation. These statutory retention periods can vary significantly, making it unclear for many organisations exactly how long different types of information must be kept.
In this blog, we provide a clear overview of the legal retention periods per sector, helping you stay compliant and in control of your document management.
Why retention periods?
Documents contain valuable data, knowledge, and expertise that must remain accessible in a controlled and compliant manner.
Certain types of data are subject to legal retention requirements, often to prove that specific actions or events took place. However, information cannot be kept forever. Doing so would not only breach the UK GDPR (or applicable European legislation), but would also contribute to excessive data volumes, creating risks and inefficiencies. To address this, sector-specific retention periods have been defined under the Dutch Archives Act.
Below, you’ll find an overview of the statutory retention periods for various (digital) records, organised by sector.
Healthcare
Under the Medical Treatment Contracts Act (WGBO), the standard retention period for medical records is 20 years from the last update or modification in the file. However, there are exceptions to this rule. In certain cases, a record may need to be retained for a longer or shorter period, depending on specific circumstances.
Extended Retention
- Academic hospitals are required to retain certain documents (such as surgical reports or discharge letters) for up to 115 years after the patient's date of birth. These records fall under the Archives Act.
- Medical records of psychiatric patients who have been involuntarily admitted must be retained for at least 5 years after their discharge.
- A medical record may be kept longer if necessary for the provision of continued care, such as for patients with chronic conditions that may relapse or worsen.
- In some cases, medical records may be retained longer for the benefit of others, for example, if the patient has a hereditary condition that could affect their children, or if there is a legal claim against the healthcare provider.
Shorter Retention
For medical data not covered by the Medical Treatment Contracts Act (WGBO), such as nursing and care provided by home care services, the general rule is that personal data should not be retained for longer than necessary.
Legal & Notary
On the website of the Dutch Bar Association, the following retention periods for legal documents are specified under relevant legislation:
- Limitation Period for Legal Claims for Document Requests: 5 years after the conclusion of involvement in the case.
- Retention Period for Administrative Data: 7 years.
- Retention Period for Data Carriers: 7 years.
- Retention Period Under the Dutch Taxation Act (AWR): 7 years.
- Deposit of Practice Records: 5 or 20 years.
- Limitation Period for Professional Errors: 5 or 20 years.
Personnel Files
A personnel file contains various HR documents, each with its own statutory retention periods:
- Payroll Data: 7 years after the employee’s departure.
- Income Tax Declarations and Copy of ID: 5 years after the employee’s departure.
- Data with No Statutory Retention Period: 2 years after the employee’s departure. If the data is no longer needed earlier, the employer must delete it immediately. Examples: performance and appraisal meeting reports, employment contracts.
- Extended Retention: Data may be retained for a longer period if there has been an employment dispute or if legal proceedings are ongoing.
Education
In education, a distinction can be made between primary and secondary education and higher education.
Primary and Secondary Education
Primary and secondary educational institutions must create their own retention schedule, specifying the retention periods for each document. The statutory retention periods that apply are as follows:
- Personal data of a student or teacher must be retained for 2 years after deregistration or termination of employment.If a student has been referred to special education, personal data must be retained for 3 years.
- Educational reports may be kept for a maximum of 5 years in primary education.
- Student data in the student administration must be retained for up to 5 years after deregistration.
- Central exam results, including grade lists, must be retained for at least 6 months.
- Address details may be retained for purposes such as reunions, provided consent is given.
- Financial and tax documents must be retained for 7 years.
Higher Education
In higher education, institutions must adhere to the "Selection List for Universities of Applied Sciences" or the "Selection List for Universities and University Medical Centres". Broadly, the following retention periods can be distinguished:
- Limited evidentiary interest must be retained for 1 or 2 years.
- Personal data of a student or teacher must be retained for 2 years after deregistration or termination of employment.
- Data that forms the basis for legal claims must be retained for 5 years.
- Financial and tax documents must be retained for 7, 9, or 10 years. Universities and higher education institutions must determine for themselves whether to differentiate between these 3 retention periods or apply the 10-year retention period for all financial and tax documents.
- Archive files with a stronger legal basis must be retained for 10 years.
- Data granting a graduate the right to their degree or propedeuse must be retained for 50 years.
Government
The Archives Act in the Netherlands does not specify a general retention period for records held by government bodies such as provinces and municipalities. However, the law requires each government body to maintain one or more retention schedules. A retention schedule outlines which categories of records must be destroyed after a certain period and which must be kept permanently. Records that are to be permanently retained are transferred to the National Archives or a local or regional archive service after a maximum of 20 years. These organizations ensure that the information remains accessible to the public.
How does your organisation manage retention periods?
There are always exceptions to the rule, which is why it is crucial to assess and categorize all types of documents. Each department should have a policy in place regarding how documents are handled. If the statutory retention period for documents has expired, they could legally be destroyed or deleted, but this must be agreed upon or arranged internally. As an organization, you remain responsible.
Our colleagues at Archive-IT are happy to assist in finding a suitable solution for your organization and can support you in effectively and clearly mapping out your information. For example, consider:
- Externally archiving your less current files. If you need a file, it can be made available through Scanning on Demand. This immediately resolves the space and organisation issues.
- For files that are frequently needed, we recommend digitising them directly, as this is the most cost-effective solution.
- For your digital files, you can make use of our digital software system. The system offers the ability to classify the files and, based on that, define the specific retention periods.
However, every organization is different. Feel free to contact us to explore what Archive-IT can do for you and to discuss the possibilities.
