HR Record Retention Requirements

Denmark - Summary Chart

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DENMARK


DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

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.

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