GDPR Data Retention Periods: Key Rules, Legal Basis, and Best Practices for Companies

Retention periods define how long personal data may be stored before it must be deleted or anonymized.

The foundation for this is the paramount data protection requirement of Storage Limitation under Art. 5(1)(e) GDPR:

Data must not be kept longer than is necessary for the specific, explicit, and legitimate purposes for which it was collected.

The Core Rule: If the purpose of processing ceases to exist, the data must be deleted. The duration is therefore defined not by law, but by the purpose of storage.

Adhering to retention periods is far more than just a formality. It is a central pillar of security and compliance.

• Legal Requirement: Failure to comply can result in fines under Art. 83 GDPR.
• Security Risk: The longer data exists, the greater the attack surface in the event of a breach.
• More Efficient Data Management: Less "data clutter," clearer processes, and lower storage costs.
• Trust Building: Transparency for customers and employees.
• Proof of Accountability: Companies must be able to prove why data is stored – and when it will be deleted.

Every company that processes personal data must define and implement retention periods - regardless of size or industry.

Affected areas include:

• HR and Recruitment (Anti-Discrimination Laws, GDPR)
• Marketing and CRM
• Sales and Customer Service
• IT Logs and Security Monitoring
• Accounting and Finance (Commercial and Tax Law)
• Supply Chain and Service Provider Management

No organization is exempt. The decisive factor is not the law, but the presence of personal data.

Although the GDPR does not dictate fixed periods, timeframes often arise from other laws (e.g., tax law) or common industry standards.

Note: These are common standards and not exact legal requirements. The duration must always be justified individually.

A functioning deletion concept not only reduces your risk but also optimizes your operational processes.

1. Create a Deletion and Retention Concept

Document all data categories, the respective legal bases, and the resulting retention and deletion periods.

2. Classify Your Data (Mapping)

Assign a purpose and a corresponding deletion rule to each data category. Transfer this information directly from your RoPA.

3. Automate Deletion Processes

Reduce manual errors and ensure consistent implementation. Manual deletion is hardly manageable in large systems.

4. Integrate Retention Rules Across Systems

Ensure that CRM, HR tools, accounting systems, and SaaS platforms technically support the defined deletion cycles.

5. Define Clear Responsibilities

Assign ownership for data deletion, review processes, and documentation to the respective departments (Data Ownership).

6. Conduct Regular Audits

Review compliance with retention periods and the functionality of deletion processes at least annually.

7. Inform Data Subjects

Transparency is mandatory (Art. 13/14) and strengthens trust in your company.

The absence or inadequate implementation of a deletion concept is severely penalized during audits or security incidents.

What Happens in Case of Violations?

• Fines according to Art. 83 GDPR (up to €20 million or 4% of worldwide annual turnover).
• Reputational damage and loss of customer trust.
• Liability risks for management (especially in light of the tightening NIS2 Directive).
• Audit Failure: The lack of a documented deletion concept is considered a direct deficiency in Asset Management (ISO 27001) and governance.
• Increased Risk in Data Breaches: Storing more data than necessary risks higher penalties in the event of damage.

Retention periods are thus not just a data protection requirement, but an indispensable part of your governance, IT security, and compliance strategy.

Deletion periods are a central component of the GDPR and one of the areas where companies often fall short. A clear deletion concept, defined deadlines, and automated processes help you store data only as long as it is truly necessary. This reduces risks, strengthens compliance, and improves your overall data security strategy.

Precisely because deletion deadlines affect many systems, teams, and processes, it can be extremely helpful to manage everything in one central location: from the deletion rule and documentation to data protection workflows and security requirements. A solution that bundles and automates these tasks not only makes your company more audit-proof but also saves valuable time in day-to-day operations.

Do retention periods have to be justified?

Yes. You must be able to justify the retention period you choose at any time based on the purpose or a legal retention obligation (Accountability).

Are fixed retention periods defined by law?

Not by the GDPR. Some national laws (e.g., commercial or tax laws) define periods, but the GDPR additionally requires a purpose-based justification.

What if a data subject requests deletion?

You must delete the data (Art. 17) unless other laws (e.g., tax law) strictly require continued storage. In that case, the purpose must be switched to reflect that legal obligation.

Are Backups exempt from the deletion obligation?

No. Backups also require controlled deletion concepts. However, for operational reasons, deletion there may occur at different intervals than in the live system.