On 1.10.2024, a new Ordinance on the content and manner of keeping records of employees employed by the employer came into force, which, among other things, prescribes new deadlines for storing data on employees.

While the previous Ordinance prescribed that most data on employees be kept permanently, the new Ordinance now prescribes significantly shorter deadlines for the same data.

As it is a matter of processing personal data and keeping documentation containing the same personal data, this issue also falls within the scope of the GDPR and failure to comply with the prescribed deadlines could pose a potential risk to employers in the event of supervision.

For example, the new Ordinance prescribes that a written review of employee data (employee records) is kept until the end of the year in which the employment relationship ended, while the previous Ordinance prescribed that it be kept permanently.

Employers are obliged to destroy documentation for which retention periods have expired, and to delete or otherwise remove employee data.

Employers who are obliged to keep archival records are obliged to continue to comply with the retention periods prescribed by the law governing the protection and processing of public documentary and archival records, unless these deadlines are shorter than the deadlines prescribed by the new ordinance.