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Corporate Retention Policy Template for United States

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Key Requirements PROMPT example:

Corporate Retention Policy

"Need a Corporate Retention Policy for a mid-sized healthcare company operating in multiple U.S. states, with specific emphasis on HIPAA compliance and medical records management to be implemented by March 2025."

Document background
The Corporate Retention Policy serves as a critical governance document that helps organizations manage their records in compliance with legal and regulatory requirements. This policy becomes necessary as companies accumulate various types of records, from financial documents to employee data, each subject to different retention requirements under U.S. law. The policy establishes clear guidelines for how long different types of records must be kept, how they should be stored, and when and how they should be disposed of. It helps organizations avoid legal complications, ensure regulatory compliance, and maintain efficient operations while protecting sensitive information.
Suggested Sections

1. Purpose and Scope: Defines the objective of the policy and its applicability across the organization

2. Definitions: Key terms used throughout the policy including record types, retention periods, and legal holds

3. General Principles: Overall approach to records retention including legal compliance and business needs

4. Roles and Responsibilities: Defines who is responsible for various aspects of records management including compliance officers, department heads, and employees

5. Retention Schedule: Specific retention periods for different types of records based on legal requirements and business needs

6. Disposal Procedures: Methods and protocols for secure disposal of records after retention period expires

Optional Sections

1. Industry-Specific Requirements: Additional requirements for specific regulated industries such as healthcare, financial services, or government contractors

2. International Data Requirements: Requirements for international data retention and cross-border data transfer requirements

3. Electronic Records Management: Specific procedures for managing electronic records including emails, databases, and cloud storage

Suggested Schedules

1. Schedule A - Retention Schedule Matrix: Detailed table listing all record types and their specific retention periods

2. Schedule B - Disposal Log Template: Standard template for recording disposed records and verification of proper disposal

3. Schedule C - Legal Hold Procedure: Detailed procedures for implementing and managing legal holds on records

4. Schedule D - Department-Specific Guidelines: Specific guidelines and retention requirements for different departments (HR, Finance, Legal, etc.)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Sarbanes-Oxley Act (SOX): Federal legislation requiring retention of financial and corporate records for a minimum of 7 years for audit records. Critical for corporate financial accountability.

Fair Labor Standards Act (FLSA): Federal law mandating retention of employment and payroll records for 3 years, including collective bargaining agreements and wage calculations.

EEOC Regulations: Federal requirements for maintaining personnel records and employment applications, typically for 1 year after termination of employment.

IRS Requirements: Federal tax regulation requiring retention of tax records and employment tax records for generally 7 years.

HIPAA: Federal healthcare privacy law governing medical records retention and privacy requirements for protected health information.

Federal Rules of Civil Procedure (FRCP): Federal rules governing electronic stored information (ESI) requirements and electronic communications retention for legal proceedings.

SEC Requirements: Financial industry-specific regulations for securities-related record keeping and retention requirements.

FINRA Regulations: Financial industry rules governing broker-dealer record retention and maintenance requirements.

Federal Acquisition Regulations (FAR): Specific retention requirements for government contractors and federal procurement records.

State-Specific Requirements: Various state laws governing record retention, including state tax requirements and employment laws that may exceed federal requirements.

Statute of Limitations Considerations: Legal time limits for contract claims, employment claims, and tort claims that influence retention periods.

Privacy Laws: Including GDPR for EU data and state privacy laws like CCPA, governing how personal data must be retained and protected.

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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