Records Retention Policy Template for Netherlands

A Records Retention Policy sets clear rules for how long your organization keeps different types of documents and when to dispose of them. Under Dutch law, businesses must store certain records - like financial statements and employee files - for specific periods, while the Algemene verordening gegevensbescherming (AVG) requires careful handling of personal data.

This policy helps organizations stay compliant with Dutch recordkeeping laws, protect sensitive information, and manage storage costs effectively. It covers both paper and digital records, specifying storage methods, security measures, and destruction procedures. Having this policy in place also makes it easier to respond to data requests and maintain evidence for potential legal matters.

Organizations need a Records Retention Policy when they start handling significant amounts of business records, personal data, or regulatory documents. This policy becomes essential during mergers, audits, or when expanding operations in the Netherlands, as it helps track mandatory retention periods for tax records (7 years), employee files, and financial statements.

The policy proves particularly valuable when dealing with data protection authorities, responding to AVG compliance checks, or managing storage costs. It's crucial when your organization faces increasing document volumes, needs to standardize deletion practices, or requires clear guidelines for preserving evidence in potential legal disputes. Many Dutch companies implement it during digital transformation projects or after receiving their first formal data request.

• Corporate Retention Policy: Comprehensive policy covering all business records, ideal for large companies managing diverse document types under Dutch law. Includes sections for financial, HR, and operational records.
• Audit Retention Policy: Specialized version focusing on audit trails, financial documentation, and tax-related records required by Dutch tax authorities. Particularly useful for accounting firms and financial institutions.
• Contract Retention Policy: Targeted policy for managing commercial agreements, procurement documents, and vendor contracts. Essential for businesses with extensive contractual relationships and legal obligations.

• Legal Counsel & Compliance Officers: Draft and update the Records Retention Policy, ensuring it aligns with Dutch privacy laws, AVG requirements, and industry regulations.
• Department Managers: Implement the policy within their teams, monitor compliance, and ensure proper document handling in their areas.
• IT Teams: Set up digital storage systems, manage access controls, and handle automated deletion processes according to policy guidelines.
• Records Management Staff: Oversee day-to-day document handling, coordinate retention schedules, and manage physical and digital archives.
• External Auditors: Review policy compliance during audits and assess adherence to Dutch recordkeeping requirements.

• Document Inventory: List all types of records your organization handles, from financial statements to personnel files, noting current storage locations.
• Legal Requirements: Review Dutch retention periods, especially the 7-year rule for tax documents and AVG data protection requirements.
• Storage Assessment: Map out your physical and digital storage capabilities, security measures, and access controls.
• Department Input: Gather feedback from key departments about their document handling needs and challenges.
• Policy Generation: Use our platform to create a customized, legally-compliant policy that automatically includes all required elements.
• Implementation Plan: Develop training materials and documentation procedures for staff.

• Scope Statement: Clear definition of covered records and departments, aligned with Dutch business requirements.
• Retention Schedules: Detailed timelines for each document type, incorporating mandatory Dutch retention periods.
• AVG Compliance Section: Specific procedures for handling personal data, including deletion protocols and data subject rights.
• Storage Requirements: Standards for secure document storage, both physical and digital, meeting Dutch security guidelines.
• Destruction Procedures: Documented methods for secure disposal of records after retention periods expire.
• Roles & Responsibilities: Clear assignment of oversight duties and compliance monitoring tasks.
• Exception Handling: Procedures for legal holds and special circumstances requiring extended retention.

While both policies deal with information management, a Records Retention Policy differs significantly from a Data Retention Policy. Let's explore the key distinctions:

• Scope of Coverage: Records Retention Policies cover all business documents, including physical files, contracts, and financial records. Data Retention Policies focus specifically on digital data and personal information under AVG regulations.
• Legal Framework: Records Retention Policies align with broader Dutch business laws and tax requirements (like the 7-year retention rule). Data Retention Policies primarily address privacy laws and data protection obligations.
• Implementation Focus: Records Retention emphasizes document lifecycle management and archiving procedures. Data Retention concentrates on digital storage systems, encryption, and automated deletion processes.
• Compliance Requirements: Records Retention answers to multiple regulatory bodies, including tax authorities. Data Retention mainly responds to privacy regulators and the Dutch Data Protection Authority.