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Retention periods and deletion periods in Switzerland

A retention period defines the minimum time for which records must be kept. A deletion period defines the latest point at which personal data is deleted – as soon as neither the purpose nor a retention obligation justifies its processing.

Retention period or deletion period – what is the difference?

The retention period is a lower limit: records must not be destroyed before it expires. The deletion period is an upper limit: after it, personal data may no longer be processed because it is no longer needed for the purpose.

In practice, the two are closely linked. The deletion period then follows the end of the retention obligation, plus a short time for technical implementation. Where there is no retention obligation, the purpose alone determines how long data may be kept.

Which periods commonly apply in Switzerland?

An overview of some common legal bases:

Area Period Legal basis
Accounting records, vouchers, annual report and audit report 10 years from the end of the financial year Art. 958f CO
VAT records until the absolute limitation of the tax claim (generally 10 years; real estate 20 years) Art. 70 VAT Act
Contractual claims in general 10-year limitation period Art. 127 CO
Claims arising from employment 5-year limitation period Art. 128 no. 3 CO
Claims for personal injury up to 20 years (absolute limitation period) Art. 60 para. 1bis and Art. 128a CO
Patient records regulated at cantonal level cantonal health laws

Limitation periods are not retention obligations. They can, however, be a reason to keep records in order to defend against claims. This overview does not replace a case-by-case assessment; industries such as insurance, banking and healthcare have additional regulations.

How does a retention period become a deletion rule?

A period can only be implemented once it is fully described:

  1. 1Determine the data type, for example contract data.
  2. 2Record the purpose and legal basis of retention.
  3. 3Define the period, such as ten years.
  4. 4Determine the starting point, such as the end of the contract.
  5. 5Define exceptions, such as ongoing litigation.
  6. 6Specify for each system how data is deleted, anonymised or archived.

An example: “Contract data is deleted in all systems ten years after the end of the contract, unless a deletion hold applies because of litigation.”

Why retention periods must not exist only on paper

A period in a spreadsheet does not delete any data. It only takes effect when the systems recognise which records are due and actually carry out the deletion. If a period changes, the change must reach all affected systems. And exceptions belong in one central place, not in individual emails.

Retention periods also need maintenance: laws and business models change. A review date for each period ensures that the retention schedule stays up to date.

How Espresso helps

Espresso keeps retention periods in one place, makes overdue data visible and enforces the periods in the systems.

  • Retention schedule

    Privacy Register maintains retention periods with justification, legal basis and review date – approved under the four-eyes principle.

  • Overdue data

    Data Discovery raises alerts for data older than the defined retention period.

  • Enforce retention periods

    You hand over approved retention periods and legal holds to Data Deletion with one click; there they are checked with every new deletion run.

Frequently asked questions

Can data be kept longer “just to be safe”?

Not without a reason. Processing must be proportionate (Art. 6 para. 2 FADP). Retention to defend against possible claims can be justified, but requires a traceable and limited period.

When does the ten-year period under Art. 958f CO start?

At the end of the financial year to which the records relate.

Do the periods also apply to emails?

What matters is the content, not the format. If an email serves as an accounting voucher or evidences a claim, the corresponding periods apply.

Who maintains the retention schedule?

Usually the data protection team together with the business units. Approvals should follow the four-eyes principle so that a second person reviews every period.

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