This Policy sets out the obligations of Performance Accountancy, a business registered in England, located at 6 Pankhurst Drive, Bracknell, Berkshire, RG12 9PS (“the Company”) regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.
Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).
In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:
- Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
- When the data subject withdraws their consent;
- When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
- When the personal data is processed unlawfully (i.e. in breach of the GDPR);
- When the personal data has to be erased to comply with a legal obligation; or
- Where the personal data is processed for the provision of information society services to a child.
This Policy sets out the type(s) of personal data held by the Business for Accounting, Tax and marketing purposes, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.
Aims and Objectives
- The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the business complies fully with its obligations and the rights of data subjects under the GDPR.
- In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.
- This Policy applies to all personal data held by the business and by third-party data processors processing personal data on the Business’s behalf.
- Personal data, as held by the above is stored in the following ways and in the following locations:
- The business’s servers, located in Bracknell, Berkshire;
- Third-party servers, operated by those listed in the annex to this document and located in the USA and Europe;
- Computers & back up drives permanently located in the Company’s premises in Bracknell;
- Laptop computers and other mobile devices provided by the business to its employees & contractors;
- Physical records stored in the Bracknell location.
Data Subject Rights and Data Integrity
All personal data held by the business is held in accordance with the requirements of the GDPR and data subjects’.
- Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used, and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).
- Data subjects are given control over their personal data held by the business including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, and the right to data portability.
Technical and Organisational Data Security Measures
- The following organisational measures are in place within the Company to protect the security of personal data.
- All employees and other parties working on behalf of the business shall be made fully aware of both their individual responsibilities and the business’s responsibilities under the GDPR;
- Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Business;
- All employees and other parties working on behalf of the Business handling personal data will be appropriately trained to do so;
- All employees and other parties working on behalf of the Business handling personal data should exercise care and caution when discussing any work relating to personal data at all times;
- Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
- The performance of those employees and other parties working on behalf of the Business handling personal data shall be regularly evaluated and reviewed;
- All agents, contractors, or other parties working on behalf of the Business handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Business arising out of the GDPR.
- The following organisational measures are in place within the Company to protect the security of personal data.
Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:
- Personal data stored electronically (including any and all backups thereof) shall be deleted;
- Personal data stored in hardcopy form shall be shredded;
- Special category personal data stored in hardcopy form shall be shredded.
- Client documents will be returned to the client within 2 months of completing the work for the year. Copies of documents not required to be returned will be shredded as part of our office policies unless they are required to be retained for legal & tax reasons.
- As stated above, and as required by law, the Business shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
- Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
- When establishing and/or reviewing retention periods, the following shall be taken into account:
- The objectives and requirements of the Business;
- The type of personal data in question;
- The purpose(s) for which the data in question is collected, held, and processed;
- The Business’s legal basis for collecting, holding, and processing that data;
- The category or categories of data subject to whom the data relates.
- If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.
- Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Business to do so (whether in response to a request by a data subject or otherwise).
|Legal contracts||6 years|
|Financial statements/Accounts, tax returns, working papers, payroll records and assessments and banking records||6 years + the current tax year|
|Records establishing client’s identity for money laundering purposes||5 years|
|Job applications and interview records of unsuccessful candidates||6 months after notifying unsuccessful candidates|
|Personnel and training records||While employment continues and up to six years after employment ceases|
|Written particulars of employment, contracts of employment, and changes to terms and conditions||While employment continues and up to six years after employment ceases|
|Working time opt-out forms||Two years from the date on which they were entered into|
|Annual leave records||Six years or possibly longer if leave can be carried over from year to year|
|Payroll and wage records for unincorporated businesses eg sole traders and partnerships||Five years after 31 January following the year of assessment|
|Payroll and wage records for companies||Six years from the financial year-end in which payments were made|
|PAYE records||Not less than three years after the end of the tax year to which they relate|
|Maternity records||Three years after the end of the tax year in which the maternity pay period ends|
|Sickness records required for the purposes of Statutory Sick Pay||Three years after the end of the tax year in which payments are made|
|Current bank details of employees||No longer than necessary|
|Any reportable accident, death or injury in connection with work||For at least three years from the date the report was made|
|Consents for the processing of personal and sensitive data||For as long as the data is being processed and up to 6 years afterwards|
|Disclosure and Barring Service (DBS), formerly Criminal Records Bureau (CRB), checks and disclosures of criminal records forms||Should be deleted following recruitment process unless assessed as relevant to ongoing employment relationship. Once the conviction is spent, should be deleted unless it is an excluded profession|
|Immigration checks||Two years after the termination of employment|
|Company formation documents such as Certificate of Incorporation||Permanently|
|Register of members||Permanently|
|Minutes of directors’ meetings||10 years from the date of the meeting (but records of meetings held before 1 October 2007 should be kept indefinitely)|
|Copies of shareholder resolutions and minutes of shareholder meetings||10 years from the date of the resolution or the meeting (but resolutions or meetings held before 1 October 2007 should be kept indefinitely)|
Roles and Responsibilities
- The Business’s Data Security Manager is Louise Herrington, 01344 669084.
- The Data Security Manger shall be responsible for overseeing the implementation & compliance of this Policy and other Data Protection-related policies.
- The Data Security Manager shall be directly responsible for ensuring compliance with the above data retention periods throughout the .
Implementation of Policy
This Policy shall be deemed effective as of 01 May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by:
|Position:||Data Security Manager|
|Date:||30 April 2018|