What are Data Retention Policies? 10 Things You Should Include

Data retention policies are vital for governing and securing the data assets of an organization. These policies tell how to store, archive, and dispose of data in an orderly manner and in compliance with regulations.

This article discusses the basics of data retention policies by examining ten important factors to be considered by organizations in the creation and management of these policies.

Let’s see how data retention policies can be used by organizations to carry out the lifecycle of data effectively, maintain compliance, and reduce risks by understanding the importance of data retention and meeting all legal and regulatory requirements.

Let’s get right into it.

Key Takeaways

• Data retention involves storing and managing data for a specific period, guided by legal and regulatory requirements, ensuring compliance and efficient data management.
• Organizations adopt data retention policies to ensure data integrity, protect sensitive information, and comply with laws like GDPR or HIPAA.
• Policies dictate what data to retain, where, and for how long, ensuring compliance while optimizing storage resources and reducing risks.
• The duration data is stored varies based on type, industry, and regulations, requiring thorough research and legal consultation.
• Crafting a policy involves a structured approach, including establishing teams, categorizing data, defining retention periods, and ensuring compliance through enforcement and regular review.

What is Data Retention?

Data retention refers to the storing and management of data for a prescribed period of time. It involves the process of determining the period for which different types of data should be retained, guided by legal, regulatory, and business requirements. These policies prescribe when data should be deleted or archived in order to achieve compliance and effective and efficient data management.

Organizations must adopt data retention policies to ensure data integrity, protect sensitive information, and comply with the law, such as the privacy laws under the GDPR or HIPAA.

What are Data Retention Policies?

Data retention policies dictate what should be kept in storage or archive, where it should be kept, and how long for. Once the retention period for a given set of data is up, it can be deleted or shifted as historical data to secondary or tertiary storage, depending on the requirements. That keeps primary storage clean and the organization compliant.

Of course, it is important to retain historical data for use, but data retention policies really exist to fulfill regulatory requirements. Organizations subject to these kinds of data retention requirements do not have the financial ability to retain all data forever, nor is that even a desirable goal.

Instead, organizations have to show that they retain and delete data in a differentiated manner according to the specific requirements of their particular industry and geography. For example, certain types of personnel and sensitive financial or medical records will have different retention periods.

Organizations often craft their own data retention policies, but they must also ensure that those policies satisfy—or at the very least meet—all applicable data retention laws, especially in verticals where they are heavily regulated. This is why organizations often use an industry-specific data retention policy template.

What is a Data Retention Period?

A data retention period is the duration during which organizations are required to retain data based on legal, regulatory, and business necessities. It indicates the duration for which various types of data should be retained before being securely discarded or stored for future reference.

It varies based on the nature of the data, its level of sensitivity, and the relevant laws and industry regulations. Having appropriate data retention periods ensures an organization complies with legal obligations, safeguards sensitive information, uses storage resources efficiently, and enables effective data management practices.

How Long is a Data Retention Period?

A data retention period is the duration that information must be stored following legal requirements or industry guidelines. The length of this time frame changes based on the data type, industry, and relevant laws and regulations.

In the healthcare sector, companies might need to retain medical records for at least six years, while financial institutions could hold onto specific financial information for a more extended time.

Organizations need to carry out required research, with the help of legal professionals, to identify suitable data retention periods for particular scenarios. Staying current with the latest legal mandates and regulations specific to the industry is crucial.

Importance of Data Retention Policies

Data retention policies are an important aspect of organizations for a variety of reasons. For starters, organizations avoid penalties, sanctions, and legal disputes by adhering to legal and regulatory requirements. This not only saves money by avoiding expensive penalties, but it also maintains the organization’s image.

Data retention policies are indispensable for organizations in strictly regulated industries, such as healthcare, finance, and law. They reinforce the protection of sensitive information, build customer trust, and demonstrate accountability.

Second, data retention policies mitigate the risks associated with data breaches or unauthorized exposure of sensitive information. To ensure security, policies would be set up on how data should be kept and who should be allowed to access them, even with encryption. Such policies also outline procedures for securely disposing of data at the end of its retention period, which will reduce the risk of data leakage and unauthorized use.

Third, data retention policies enhance an organization’s ability to ensure effective data management and storage with clearly set guidelines. Defining retention periods for different data types within the organization can optimize storage resources and reduce unnecessary costs. If data is retained beyond its required period, it could increase storage costs and the complexity of data management.

How to Create a Data Retention Policy

Crafting a data retention policy is a complex task, and while some organizations may choose to outsource it, others prefer to handle it internally. Those embarking on the latter must take a structured approach.

Below, we outline ten fundamental steps to guide organizations through the process of developing their own data retention policy.

Step Number	Action
1	Establishing a Cross-Functional Team
2	Categorizing Data
3	Identifying Legal and Regulatory Requirements
4	Defining Retention Periods
5	Assigning Responsibility
6	Developing Enforcement Measures
7	Establishing a Policy Review Process
8	Documenting the Policy
9	Communicating the Policy
10	Regularly Revising and Improving

1. Establishing a Cross-Functional Team

Having a diverse team—people from legal, IT, compliance, and other related business units—would ensure a wholesome approach to the development of policies. This ensures collaboration that shall bring forth many varying considerations toward the development of a much stronger data retention policy.

2. Categorizing Data

Organize data for the company based on type, sensitivity, and regulatory requirements. Classification facilitates the determination of retention periods and handling procedures of each kind of data for efficient management and compliance.

3. Identifying Legal and Regulatory Requirements:

Conduct a proper analysis of applicable laws, regulations, and industry standards governing data retention. Knowing the legal environment will help an organization align its data retention policy in compliance with the regulatory requirements and the best practices within an industry.

4. Defining Retention Periods

It is essential to determine how long data in each category should be kept. By considering the regulatory requirements, business needs, and industry standards, clear guidelines for data retention, archival, and disposal could be laid down.

5. Assigning Responsibility

Designate people or departments that oversee implementation and enforcement of the data retention policy. This will clearly define roles, responsibilities, and give rise to accountability and proper governance of the practices of retaining data.

6. Developing Enforcement Measures

It is critical to establish mechanisms for monitoring and enforcing compliance with data retention policies. This may include conducting regular audits, deploying automated data management tools, and enforcing disciplinary actions for noncompliance.

7. Establishing a Policy Review Process

Defining a process for regularly reviewing and updating the data retention policy is critical to its success. Setting policy review intervals and involving key stakeholders in the process helps to keep the policy relevant and responsive to changing requirements.

8. Documenting the Policy

It is important to document the data retention policy in a formal document that defines its purpose, scope, objectives, and implementation guidelines. Making the policy easily accessible to all relevant stakeholders promotes transparency and adherence to the established guidelines.

9. Communicating the Policy

Effectively communicating the data retention policy to all employees and stakeholders is significant. Training sessions, internal memos, and other forms of communication can help ensure that everyone recognizes their roles and responsibilities under the policy.

10. Regularly Revising and Improving

It is crucial to continuously evaluate and revise the data retention policy. Soliciting feedback from users and stakeholders helps to identify areas for improvement and guarantees the policy remains adaptable to changing requirements and challenges.

10 Things a Data Retention Policy Should Include

A comprehensive data retention policy should include 10 key elements:

Inclusion	Description
Purpose and Scope	Lay the groundwork for implementation by articulating the policy’s objectives and scope, including covered data types and applicable users.
Legal and Regulatory Compliance	Emphasize adherence to relevant laws and regulations like GDPR or HIPAA, ensuring explicit references and commitment to regulatory compliance.
Data Retention Requirements	Detail criteria for retention periods, data classification, and storage protocols, taking into account data sensitivity, business relevance, and legal compliance.
Personal Data Considerations	Stress the protection of personal data in line with privacy laws, incorporating principles of data minimization and consent management.
Location-Specific Policies	Tailor retention policies to different data storage locations, taking into account jurisdiction-specific requirements, especially in multinational operations.
Backup Frequency	Explore backup practices including frequency and methodologies, considering data volatility, recovery objectives, and disaster readiness.
Retention Schedule	Create a retention schedule that specifies the durations for various data types based on regulatory requirements, industry practices, and business needs.
Elimination of Data Silos	Highlight the importance of consolidating data repositories and integrating with centralized systems to streamline governance and visibility.
Rules for Breach, Enforcement, Compliance	Define protocols for managing breaches, enforcing policy adherence, and ensuring continuous compliance, including incident response and monitoring mechanisms.
Review and Revision Process	Implement a systematic approach for periodic review and updates, reflecting regulatory changes, technological advancements, and organizational needs.

1. Purpose and Scope

Begin by articulating the data retention policy’s overarching objectives and scope, including the types of data covered and the specific users or departments to whom it applies. Clearly defining the policy’s purpose lays the groundwork for its implementation and enforcement throughout the organization.

2. Legal and Regulatory Compliance

Recognize the critical importance of following applicable laws, regulations, and industry standards governing data retention. Make explicit references to relevant legal frameworks such as GDPR, HIPAA, or industry-specific regulations to demonstrate the policy’s commitment to regulatory compliance.

3. Data Retention Requirements:

Examine the specifics of data retention, including comprehensive criteria for determining retention periods, data classification, and storage methods. Consider data sensitivity, business relevance, and the impact on legal discovery and compliance audits.

4. Personal Data Considerations

Highlight the importance of protecting personal data in accordance with privacy laws and regulations. Describe the policy’s approach to handling and retaining personally identifiable information (PII), including data minimization, consent management, and privacy by design.

5. Location-Specific Policies

Recognize the geographic diversity of the organization’s data processing and storage locations and adjust retention policies appropriately. Pay attention to the requirements and considerations unique to each jurisdiction, especially when conducting cross-border or multinational business.

6. Backup Frequency

Examine the nuances of data backup practices, such as backup frequency and methodologies. To optimize backup strategies, consider data volatility, recovery time objectives (RTOs), and disaster recovery preparedness.

7. Retention Schedule

Create a comprehensive retention schedule outlining how long different types of data should be retained. When determining retention periods for various data categories, take into account regulatory mandates, industry best practices, and business-specific requirements.

8. Elimination of Data Silos:

Emphasize the importance of consolidating data repositories and removing isolated data silos in order to ensure comprehensive retention policy compliance. Encourage integration with centralized data management systems to improve data governance and visibility.

9. Rules for Breach, Enforcement, and Compliance

Establish clear protocols for handling data breaches, enforcing policy adherence, and ensuring ongoing compliance with retention requirements. To reduce compliance risks, implement incident response, disciplinary action, and continuous monitoring mechanisms.

10. Review and Revision Process:

Create a systematic process for regularly reviewing and updating the data retention policy to consider changes in organizational structure, technological advances, and regulatory conditions. Involving stakeholders in creating and adjusting policies fosters a culture of responsibility and continuous enhancement.

5 Data Retention Policy Examples

To provide you with a clear idea of what to do when making custom data retention policies, you can try to look up a premade data retention policy template or look at these policies created by large companies such as:

1. Google
2. Apple
3. Amazon
4. Microsoft
5. Netflix

4 Benefits of Data Retention Policy

Data retention policies offer significant benefits to organizations, contributing to compliance adherence, risk mitigation, operational efficiency, and information governance.

Benefit	Description
Compliance Adherence	Ensures that organizations meet legal and regulatory requirements, reducing the risk of penalties and legal disputes.
Risk Mitigation	Reduces the chances of data breaches, unauthorized access, and data loss by implementing retention and disposal procedures.
Operational Efficiency	Creates clear guidelines and processes for data management, storage, and archiving, thereby optimizing resource utilization.
Information Governance	Supports accurate and organized data records, enhancing data quality, decision-making, and compliance with data protection regulations.

1. Compliance Adherence

A data retention policy helps organizations meet legal and regulatory standards, reducing the chances of facing penalties, sanctions, and legal conflicts. Organizations can show adherence to regulations and safeguard sensitive data by implementing protocols for managing data retention and disposal.

2. Risk Mitigation

Enforcing a data retention policy can decrease the likelihood of data breaches, unauthorized entry, and data loss. By establishing retention periods and secure disposal processes, organizations can lower the risk of data being accessed by unauthorized individuals, ultimately lessening the consequences of security breaches.

3. Operational Efficiency

A clearly outlined policy for data retention enhances operational effectiveness by setting clear rules and procedures for managing and storing data. Organizations can enhance data storage, retrieval, and archiving processes by sorting data according to its value and how long it needs to be kept, leading to more efficient resource utilization.

4. Information Governance

Maintaining accurate and organized data records through effective data retention policies enhances information governance initiatives. This allows companies to improve data accuracy, enhance decision-making procedures, and maintain adherence to data privacy laws. An all-encompassing data retention policy sets standard procedures for documentation, record-keeping, and managing the lifecycle of data.

3 Challenges of Data Retention Policy

Regardless of the benefits of data retention policies, organizations may face challenges in establishing and implementing them. These challenges include complexity and scalability, data security and privacy concerns, and resource constraints and costs.

Challenges	Solutions
Complexity and Scalability	Invest in reliable data management systems and scalable infrastructure. Create standardized procedures and guidelines for data organization and retention.
Data Security and Privacy Risks	Implement strong security measures such as encryption and access controls. Conduct regular security audits and stay updated on privacy regulations.
Resource Constraints and Costs	Allocate resources strategically and look for cost-effective solutions. Train and upskill current employees to handle data retention processes.

1. Complexity and Scalability

One of the challenges that organizations may face is the complexity and scalability of data retention processes. This is especially true for organizations with large, diverse data sets. Managing and organizing large amounts of data can be a difficult task that necessitates the use of robust systems and processes to effectively handle the volume and diversity of data. Scaling these systems to accommodate future data growth can be difficult, as it requires careful planning and infrastructure investment.

2. Data Security and Privacy Risks

Other problems with data retention policies include the risk of data security and privacy associated with storing sensitive information over long periods. The more data you have stored for a longer period, the greater the possibility for breaches of that data, unauthorized access, and even violations of existing privacy laws. Organizations should put in place effective security measures, including but not limited to, encryption, access controls, and frequent security audits, to mitigate such risks and safeguard confidential information.

3. Resource Constraints and Costs

These are resource-oriented and cost-related challenges that organizations face while trying to implement policies on data retention. A comprehensive policy will need people who are there to manage it, develop it, and maintain it, with expertise in data management and compliance.

Organizations will have to spend money on proper storage infrastructure and backup systems for data, as well as continuous monitoring and updating. It may prove to be a load on organizations with really lean budgets or personnel, and therefore, resources have to be thought of judiciously and cost-effective solutions found out.

Conclusion

Policies on data retention are critical to the ways an organization manages its data, complies with regulations, and ensures sensitive information is protected. A comprehensive policy that incorporates key elements of purpose and scope, data classification, retention periods, storage and security measures, disposal procedures, and compliance adherence makes a big difference in optimizing data management and reducing exposure to risk.

While data retention policies offer many advantages, they also create problems of complexity, security risks, and constrained resources. However, organizations can easily negotiate the snags by adhering to best practices for the smooth operation of their data retention policies.

Guided by best practices and continued review and updating of policies, an organization can keep up to speed with regulatory changes and ensure that their data retention policies are effective and aligned with the needs of their businesses.

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