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Records Retention Policy
I need a records retention policy that outlines the retention periods for various types of business documents in compliance with South African legal and regulatory requirements, ensuring secure storage and proper disposal procedures to protect sensitive information.
What is a Records Retention Policy?
A Records Retention Policy maps out how long your organization needs to keep different types of documents and when you can safely destroy them. It helps South African businesses comply with laws like POPIA, the Companies Act, and tax regulations that require specific records to be maintained for set periods.
These policies protect organizations by ensuring important documents are available when needed for audits, legal matters, or tax purposes, while also preventing the unnecessary storage of outdated records. They cover everything from employee files and financial statements to emails and contracts, with clear guidelines for secure storage and disposal methods that align with local data protection requirements.
When should you use a Records Retention Policy?
Your organization needs a Records Retention Policy when managing sensitive information becomes complex or risky. This typically happens during company growth, after data breaches, before audits, or when preparing for POPIA compliance requirements. It's especially crucial when handling employee records, financial documents, or customer data across multiple departments.
Many South African businesses implement these policies during digital transformation projects, merger preparations, or after receiving compliance notices. The policy becomes vital when staff need clear rules about storing electronic records, responding to information requests, or disposing of outdated documents. It helps prevent costly mistakes and ensures consistent record-keeping across your organization.
What are the different types of Records Retention Policy?
- Audit Retention Policy: Focuses specifically on maintaining audit-related documents, financial records, and supporting materials required by South African accounting standards and regulatory bodies.
- Contract Retention Policy: Specializes in managing contractual agreements, business partnerships, and legal documentation, with emphasis on commercial law requirements and contractual obligation periods.
Who should typically use a Records Retention Policy?
- Legal Teams and Compliance Officers: Draft and update the Records Retention Policy to align with POPIA, Companies Act, and industry regulations while monitoring adherence across departments.
- Department Managers: Implement policy requirements within their teams, ensuring proper storage and disposal of documents under their control.
- IT Departments: Manage electronic storage systems, backup procedures, and secure deletion protocols specified in the policy.
- Records Management Staff: Handle day-to-day document organization, storage, and retrieval according to policy guidelines.
- External Auditors: Review policy compliance during audits and assess adherence to South African regulatory requirements.
How do you write a Records Retention Policy?
- Document Inventory: List all record types your organization handles, from personnel files to financial statements, noting current storage locations and formats.
- Legal Requirements: Review POPIA, Companies Act, and industry-specific regulations to identify mandatory retention periods for each document type.
- Storage Assessment: Map out your physical and digital storage capabilities, security measures, and backup systems.
- Stakeholder Input: Gather feedback from department heads about their document management needs and challenges.
- Policy Structure: Use our platform to generate a comprehensive policy that includes retention schedules, disposal procedures, and compliance requirements.
What should be included in a Records Retention Policy?
- Policy Purpose: Clear statement of objectives and scope, aligned with POPIA and Companies Act requirements.
- Retention Schedule: Detailed matrix of document types and their mandatory retention periods under South African law.
- Storage Methods: Specifications for secure physical and digital storage systems, including access controls.
- Disposal Procedures: Protocols for secure destruction of records, particularly personal information.
- Compliance Framework: References to relevant legislation, including POPIA, tax laws, and industry regulations.
- Roles and Responsibilities: Clear assignment of record management duties and accountability measures.
- Review Process: Procedures for regular policy updates and compliance monitoring.
What's the difference between a Records Retention Policy and a Data Retention Policy?
A Records Retention Policy often gets confused with a Data Retention Policy, but they serve different purposes in South African organizations. While both deal with information management, their scope and focus differ significantly.
- Scope of Coverage: Records Retention Policies cover all business records including physical documents, contracts, and financial statements. Data Retention Policies focus specifically on electronic data, digital communications, and personal information under POPIA.
- Legal Framework: Records Retention responds to broader compliance requirements including Companies Act and tax legislation. Data Retention primarily addresses digital privacy laws and cybersecurity regulations.
- Implementation Focus: Records Retention emphasizes storage systems, filing methods, and destruction schedules. Data Retention concentrates on digital storage limits, backup procedures, and electronic disposal methods.
- Department Oversight: Records Retention typically falls under general administration or legal departments. Data Retention usually sits with IT and information security teams.
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