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Data Retention Policy
I need a data retention policy that outlines the procedures for securely storing and disposing of data in compliance with South African data protection laws, specifies retention periods for different types of data, and includes guidelines for regular audits to ensure adherence to the policy.
What is a Data Retention Policy?
A Data Retention Policy spells out how long your organization keeps different types of information and what happens to that data when it's no longer needed. Under South African law, particularly POPIA, these policies help businesses manage everything from customer records to employee files in a legally compliant way.
Your policy needs to balance legal requirements (like keeping tax documents for 5 years) with practical business needs and data protection rules. It sets clear timeframes for storing different data types, explains how to safely destroy outdated information, and helps protect both personal and business information from unauthorized access or accidental deletion.
When should you use a Data Retention Policy?
Your business needs a Data Retention Policy when handling sensitive information becomes a regular part of operations. This typically happens when you start collecting customer data, maintaining employee records, or processing financial transactions that fall under POPIA and other South African regulations.
The policy becomes essential during data audits, when moving to digital storage systems, or if your company faces increased regulatory scrutiny. It's particularly valuable for businesses in regulated sectors like healthcare, financial services, or education where specific retention periods apply. Having this policy in place helps prevent both accidental early deletion and keeping data longer than legally allowed.
What are the different types of Data Retention Policy?
- Audit Log Retention Policy: Focuses specifically on system logs, access records, and security event data required for compliance and forensic purposes.
- Email Archive Policy: Details rules for preserving business communications, managing mailbox sizes, and ensuring important email records meet POPIA requirements.
- Email Records Retention Policy: Comprehensive guide for managing both internal and external email communications, including classification of business-critical messages and retention schedules.
Who should typically use a Data Retention Policy?
- Information Officers: Lead the creation and enforcement of Data Retention Policies, ensuring alignment with POPIA requirements and organizational goals.
- IT Managers: Implement technical controls and systems to manage data lifecycle, backups, and secure deletion.
- Department Heads: Ensure their teams follow retention schedules and handle data according to policy guidelines.
- Legal Teams: Review and update policies to maintain compliance with South African regulations and industry standards.
- Employees: Follow data handling procedures and retention schedules in their daily work with company information.
How do you write a Data Retention Policy?
- Data Inventory: List all types of data your organization handles, from customer records to employee files.
- Legal Requirements: Document POPIA obligations and sector-specific retention periods that apply to your business.
- Storage Systems: Map out where different data types are stored and how they're currently managed.
- Business Needs: Identify operational requirements for keeping specific records and accessing historical data.
- Deletion Processes: Define secure methods for destroying or anonymizing data when retention periods expire.
- Implementation Plan: Our platform helps generate a compliant policy that includes all these elements automatically.
What should be included in a Data Retention Policy?
- Purpose Statement: Clear explanation of the policy's objectives and scope under POPIA compliance.
- Data Categories: Detailed classification of information types and their specific retention periods.
- Storage Methods: Description of secure storage systems and access controls for different data types.
- Retention Schedules: Specific timeframes for keeping each category of data, aligned with legal requirements.
- Disposal Procedures: Methods for secure destruction or anonymization of expired records.
- Roles and Responsibilities: Clear assignment of data management duties to specific positions.
- Review Process: Schedule for regular policy updates and compliance assessments.
What's the difference between a Data Retention Policy and a Data Protection Policy?
A Data Retention Policy differs significantly from a Data Protection Policy in several key ways. While both support POPIA compliance, they serve distinct purposes in your organization's data governance framework.
- Focus and Scope: Data Retention Policies specifically address how long you keep information and when to delete it. Data Protection Policies cover broader aspects of data handling, including collection, processing, and security measures.
- Primary Purpose: Retention policies help manage data lifecycle and storage costs, while protection policies safeguard against unauthorized access and breaches.
- Implementation: Retention policies require specific timeframes and disposal procedures, whereas protection policies outline ongoing security controls and access rights.
- Legal Requirements: Both documents work together - retention policies fulfill record-keeping obligations, while protection policies demonstrate overall POPIA compliance measures.
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