DATA RETENTION POLICY
1. Introduction
This Policy sets out the obligations of BASSAS CONSULTING LTD (the “Company”) regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
This policy does not form part of any employment contract and we may amend it at any time.
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.
Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed.
In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:
a) Where the personal data is no longer required for the purpose for which it was originally collected or processed;
b) When the data subject withdraws their consent;
c) When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
d) When the personal data is processed unlawfully (i.e. in breach of the GDPR); or
e) When the personal data has to be erased to comply with a legal obligation.
This Policy sets out the type(s) of personal data held by the Company, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.
2. Aims and Objectives
The aims of this Policy are (i) to set out limits for the retention of personal data; (ii) to ensure that those limits, as well as further data subject rights to erasure, are complied with; (iii) to ensure that the Company complies fully with its obligations and safeguard the rights of data subjects under the GDPR; and (iv) to improve the speed and efficiency of managing data.
3. Scope
This Policy applies to all personal data held by the Company which is stored in the following ways and in the following:
a) Third-party servers, operated by Cloud Service Providers in EU jurisdictions;
b) Computers permanently located in the Company’s premises;
c) Laptop computers and other mobile devices provided by the Company to its employees;
d) Computers and mobile devices owned by employees, agents, and contractors;
e) Physical records stored in Company’s premises;
4. Data Disposal
Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:
4.1 Personal data stored electronically (including any and all backups thereof) shall be permanently deleted; and
4.2 Personal data stored in hardcopy form shall be shredded and securely disposed of.
5. Data Retention
5.1 As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
5.2 Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
5.3 When establishing and/or reviewing retention periods, the following shall be taken into account:
a) The objectives and requirements of the Company;
b) The type of personal data in question;
c) The purpose(s) for which the data in question is collected, held, and processed;
d) The Company’s legal basis for collecting, holding, and processing that data; and
e) The category or categories of data subject to whom the data relates.
5.4 If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.
5.5 Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
Type of Data
Purpose of Data
Review Period
Retention Period or Criteria
Comments
Legal contracts
Legal obligations
Annually
6 years for contracts that are not executed by deed and 12 years for contracts executed by deed
Regular review ensures compliance with legal requirements.
Audited financial statements, tax returns, and assessments
Financial record keeping and compliance
Annually
6 years
Retention supports financial audits and regulatory compliance.
Records establishing client’s identity for money laundering purposes
Compliance with money laundering regulations
Annually
5 years
Ensures adherence to money laundering regulations.
Job applications and interview records of unsuccessful candidates
Recruitment process
Annually
A short period, perhaps 6 months after notifying unsuccessful candidates
Application forms should give applicants the opportunity to object to their details being retained
Personnel and training records
Employment management
Annually
While employment continues and up to six years after employment ceases
Ensures proper documentation of employee history and training.
Written particulars of employment, contracts of employment, and changes to terms and conditions
Employment management
Annually
While employment continues and up to six years after employment ceases
Keeps a record of employment terms and conditions.
Working time opt-out forms
Compliance with working time regulations
Annually
Two years from the date on which they were entered into
Documents employees' consent for overtime.
Annual leave records
Leave management
Annually
Six years or possibly longer if leave can be carried over from year to year
Ensures accurate tracking of employee leave.
Payroll and wage records for unincorporated businesses
Payroll management
Annually
Five years after 31 January following the year of assessment
Necessary for financial and tax reporting.
Payroll and wage records for companies
Payroll management
Annually
Six years from the financial year-end in which payments were made
Supports payroll audits and financial records.
PAYE records
Payroll management
Annually
Not less than three years after the end of the tax year to which they relate
Ensures compliance with payroll tax regulations.
Maternity / paternity records
Leave management
Annually
Three years after the end of the tax year in which the maternity pay period ends
Documents parental leave periods and payments.
Sickness records required for the purposes of Statutory Sick Pay
Sickness leave management
Annually
Three years after the end of the tax year in which payments are made
Ensures compliance with statutory sick pay requirements.
Any reportable accident, death or injury in connection with work
Health and safety compliance
Annually
For at least three years from the date the report was made
Maintains a record for health and safety compliance.
Consents for the processing of personal and sensitive data
Data protection compliance
Annually
For as long as the data is being processed and up to 6 years afterwards
Ensures consent records are up-to-date.
Recycle bins
Data disposal
Monthly
Less than one year from the date on which they were entered into
Ensures timely deletion of unnecessary files.
Downloads
Data management
Monthly
Two years from the date on which they were entered into
Regular review helps manage storage space effectively.
Email inbox
Communication management
Quarterly
Two years from the date on which they were entered into
Keeps the inbox organized and relevant.
Deleted emails
Communication management
Monthly
Less than one year from the date on which they were entered into
Ensures deleted emails are purged regularly.
Personal network drive
Data storage
Quarterly
Two years from the date on which they were entered into
Helps manage personal storage usage.
Local drives and files
Data storage
Quarterly
Two years from the date on which they were entered into
Ensures local files are up-to-date and relevant.
Google drives
Data storage
Quarterly
Two years from the date on which they were entered into
Regular review ensures efficient use of cloud storage.
Dropbox
Data storage
Quarterly
Two years from the date on which they were entered into
Ensures effective management of Dropbox storage.
Call recordings
Communication management
Annually
Two years from the date on which they were entered into
Maintains records for customer service and compliance.
Prospect data
Business development
Annually
For as long as the data is being processed and up to 6 years afterwards
Ensures up-to-date records for potential business opportunities.
Live chat history
Customer service
Annually
For as long as the data is being processed and up to 6 years afterwards
Maintains a record of customer interactions for quality control.
Metrics data
Performance monitoring
Annually
For as long as the data is being processed and up to 6 years afterwards
Ensures performance data is current and relevant.
CRM data
Customer relationship management
Annually
For as long as the data is being processed and up to 6 years afterwards
Keeps customer relationship data up-to-date.
Tender documents
Business development
Annually
For as long as the data is being processed and up to 6 years afterwards
Ensures retention of documents for potential future reference.
Board minutes
Governance
Annually
For as long as the data is being processed and up to 6 years afterwards
Maintains records for governance and legal compliance.
Business expenses
Financial management
Annually
For as long as the data is being processed and up to 6 years afterwards
Ensures records are available for audits and financial reviews.
Non-audited financial statements
Financial management
Annually
For as long as the data is being processed and up to 6 years afterwards
Keeps records for internal financial reviews.
Customer complaints
Customer service
Annually
For as long as the data is being processed and up to 6 years afterwards
Ensures all complaints are documented and addressed.
Data protection requests
Data protection compliance
Annually
For as long as the data is being processed and up to 6 years afterwards
Ensures compliance with data protection regulations.
Health & Safety records
Health and safety compliance
Annually
For as long as the data is being processed and up to 6 years afterwards
Maintains up-to-date health and safety records.
Insurance policies
Risk management
Annually
For as long as the data is being processed and up to 6 years afterwards
Ensures all insurance policies are current and accessible.
Insurance claims
Risk management
Annually
For as long as the data is being processed and up to 6 years afterwards
Maintains records of all claims for legal and compliance purposes.
CCTV recordings
Security
Monthly
For as long as the data is being processed and up to 6 years afterwards
Regularly reviewed to ensure compliance with privacy and security policies.
6. Roles and Responsibilities
6.1 The Company’s Data Protection Officer is contactable at info@bassas.consulting.
6.2 The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Privacy-related policies (including, but not limited to, its Privacy Policy), and with the GDPR and other applicable data protection legislation.
6.3 The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company.
6.4 Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer.
7. Implementation of Policy
This Policy shall be deemed effective as of 10.07.2024. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.