Contract Retention Policy Template for Philippines

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Contract Retention Policy

"I need a Contract Retention Policy for our multinational manufacturing company based in Manila, with specific provisions for electronic document management and compliance with both Philippine and international standards, to be implemented by March 2025."

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What is a Contract Retention Policy?

The Contract Retention Policy serves as an essential governance document for organizations operating in the Philippines, establishing standardized procedures for managing contract documentation throughout its lifecycle. This policy becomes necessary when organizations need to systematically address their contract management obligations while ensuring compliance with Philippine regulations, including the Data Privacy Act of 2012, Electronic Commerce Act of 2000, and various sector-specific requirements. It provides comprehensive guidance on retention periods, storage methods, security measures, and disposal procedures, helping organizations maintain legal compliance while optimizing their contract management processes. The policy is particularly relevant in the current business environment where organizations handle both physical and electronic contracts, requiring clear guidelines for proper maintenance and protection of these crucial business records.

What sections should be included in a Contract Retention Policy?

1. 1. Introduction: Overview of the policy's purpose and scope, including its importance for legal compliance and business operations

2. 2. Definitions: Clear definitions of key terms used throughout the policy, including types of contracts, retention periods, and storage methods

3. 3. Legal Framework: Overview of relevant Philippine laws and regulations affecting contract retention, including Data Privacy Act, E-Commerce Act, and tax requirements

4. 4. Retention Periods: Detailed specifications of minimum and recommended retention periods for different types of contracts, based on legal requirements and business needs

5. 5. Storage and Security Requirements: Guidelines for both physical and electronic storage of contracts, including security measures and access controls

6. 6. Contract Classification: System for categorizing contracts based on importance, sensitivity, and retention requirements

7. 7. Roles and Responsibilities: Definition of key roles and their responsibilities in managing contract retention

8. 8. Disposal Procedures: Procedures for secure disposal or destruction of contracts after retention period expires

9. 9. Compliance and Audit: Procedures for ensuring compliance with the policy and conducting regular audits

What sections are optional to include in a Contract Retention Policy?

1. Electronic Contract Management: Detailed procedures for managing electronic contracts and digital signatures (include if organization uses electronic contract management systems)

2. International Contracts: Additional requirements for contracts with international parties (include if organization handles international contracts)

3. Industry-Specific Requirements: Special retention requirements for specific industries like banking, healthcare, or government contracts (include based on organization's industry)

4. Disaster Recovery: Procedures for protecting and recovering contracts in case of disasters (include if organization has specific disaster recovery needs)

5. Legacy Contracts: Guidelines for managing existing contracts predating the policy (include if organization has significant historical contracts)

What schedules should be included in a Contract Retention Policy?

1. Schedule A: Retention Period Matrix: Detailed matrix showing retention periods for different types of contracts and supporting documents

2. Schedule B: Contract Classification Guide: Detailed guide for classifying contracts by type, importance, and sensitivity

3. Schedule C: Compliance Checklist: Checklist for ensuring compliance with retention requirements

4. Appendix 1: Document Disposal Form: Template form for documenting contract disposal

5. Appendix 2: Access Authorization Form: Template for requesting and authorizing access to stored contracts

6. Appendix 3: Audit Checklist: Detailed checklist for conducting internal audits of contract retention practices

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Healthcare

Manufacturing

Retail

Technology

Professional Services

Real Estate

Construction

Energy

Telecommunications

Government Services

Education

Insurance

Transportation

Logistics

Relevant Teams

Legal

Compliance

Records Management

Information Technology

Operations

Internal Audit

Risk Management

Administrative Services

Information Security

Quality Assurance

Corporate Secretariat

Document Control

Relevant Roles

Legal Counsel

Compliance Officer

Records Manager

Document Controller

Contract Administrator

Risk Manager

Corporate Secretary

Chief Legal Officer

Chief Compliance Officer

Operations Manager

Quality Assurance Manager

Internal Auditor

Information Security Officer

Data Protection Officer

Administrative Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Establishes basic requirements for contracts, including their formation, validity, and general preservation requirements. Provides the fundamental legal framework for contractual relationships.
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, storage, and handling of personal information. Relevant for contracts containing personal data and establishing retention periods that respect privacy rights.
Electronic Commerce Act of 2000 (Republic Act No. 8792): Provides legal framework for electronic documents and establishes the validity of electronic contracts. Includes requirements for maintaining electronic records and their admissibility.
National Archives of the Philippines Act of 2007 (Republic Act No. 9470): Provides guidelines for the retention and preservation of government and public records, which may be relevant for contracts involving government entities.
National Internal Revenue Code: Requires retention of financial records and contracts related to tax matters for at least 3 years after the last entry, or until the final assessment of tax liabilities.
Securities Regulation Code (Republic Act No. 8799): Contains provisions for record-keeping requirements for corporations and businesses, including retention of important contracts and transactions.
Anti-Money Laundering Act (Republic Act No. 9160): Requires retention of records of transactions and customer identification for at least five years from the date of transaction or after the business relationship ends.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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