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Data Retention for Ex-Employees: A Hidden Risk

Are you keeping leavers’ data too long? Learn what the law says and how to reduce legal exposure.

Many organisations store former employee data indefinitely — just in case. But UK GDPR doesn’t allow for “just in case” retention.

Key retention timelines to know:

  • Personnel files: typically 6 years for legal claims
  • References and disciplinary records: 6 years max unless legally challenged

After this period, data should be deleted or anonymised. Keeping more than you need increases liability and invites enforcement action.

Tip: Create a leavers’ checklist that triggers data review and deletion automatically.

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