Document
Retention Period
Beginning of Retention Period
Legal Reference
EMPLOYMENT RECORDS
Contracts (new hire agreements, severance, etc.)
5 years from end of employment contract (if there is litigation, hold until litigation ends)
Date contract is signed
Best practice based on Bekendtgørelse af lov om forældelse af fordringer (Limitations Act, 2013 and amendments, § 4)
Time records (work hours, rest periods, vacation/sick/holiday, etc.)
5 years from date the time was worked and/or time record was created (if there is litigation, hold until litigation ends)
Date contract is signed
Best practice based on Bekendtgørelse af lov om forældelse af fordringer (Limitations Act, 2013 and amendments, § 4)
Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)
5 years from date performance review was conducted or document created (if there is litigation, hold until litigation ends)
Date contract is signed
Best practice based on Bekendtgørelse af lov om forældelse af fordringer (Limitations Act, 2013 and amendments, § 4)
Data and personnel files
No longer than necessary for the purpose it was created
Creation of record
Best practice based on Bekendtgørelse af lov om forældelse af fordringer (Limitations Act, 2013 and amendments, § 4)
Government verification records (work papers, immigration, eligibility to work, etc.)
No longer than necessary for the purpose it was created
Date of receipt
The General Data Protection Regulation, Art. 5(1)(e)
Collective bargaining/union
Permanently (if there's no personal data). If collective bargaining concerns a specific data subject, retain 5 years from end of conflict
N/A
N/A
Background checks and drug tests
No longer than necessary for the purpose it was created
Creation of record
The General Data Protection Regulation, Art. 5(1)(e)
Acknowledgements, policy agreements and required notices
No longer than necessary for the purpose it was created
Date of issue/receipt
The General Data Protection Regulation, Art. 5(1)(e)
Recruitment (interview notes, resumes/CVs, reference checks, etc.)
If application is rejected, 6 months. If employed, see "Data and personnel files"
Completed recruitment process
The General Data Protection Regulation, Art. 5(1)(e)
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
No longer than necessary for the purpose
Date of receipt
The General Data Protection Regulation, Art. 5(1)(e)
BENEFIT/PENSION/EQUITY RECORDS
Benefits (plan documents, enrollment records)
Maximum 5 years from expiry of the benefit plan
Creation of record
Best practice based on Bekendtgørelse af lov om forældelse af fordringer (Limitations Act, 2013 and amendments, § 4)
Pension and retirement records
Minimum 10 years from last date benefit was paid or, if no payment has taken place, 10 years from first date benefit could be claimed
Creation of record
Best practice based on Bekendtgørelse af lov om forældelse af fordringer (Limitations Act, 2013 and amendments, § 8)
Equity records
Minimum 10 years from issue or from registration in a central securities depository
Creation of record
Best practice based on Bekendtgørelse af lov om forældelse af fordringer (Limitations Act, 2013 and amendments, § 5)
PAYROLL/WAGE/TAX RECORDS
Payroll and wage data (payslips, etc.)
Minimum 5 years from end of financial year to which records relate
From creation of record
Danish Bookkeeping Act, Ch. 5, Sec. 10
Tax records
Minimum 5 years from end of financial year to which records relate
From creation of record
Danish Bookkeeping Act, Ch. 5, Sec. 10
MEDICAL/SAFETY/LEAVE RECORDS
Leave (family, medical, etc.)
No longer than necessary for the purpose it was created
Creation of record
The General Data Protection Regulation, Art. 5(1)(e)
Injury and illness incident reports
Minimum 30 years from end of injurious act
Date report is made
Best practice based on Bekendtgørelse af lov om forældelse af fordringer (Limitations Act, 2013 and amendments, § 3(3)(1))
Medical records
No longer than necessary for the purpose it was created
Creation of record
The General Data Protection Regulation, Art. 5(1)(e)
Hazardous material and other exposure records
No longer than necessary for the purpose it was created
Creation of record
The General Data Protection Regulation, Art. 5(1)(e)
Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.
