Bewerbungsdossier: Your Legal Obligation to Manage Candidate Files

A Bewerbungsdossier is the complete collection of documents and notes you assemble during a job search—CVs, cover letters, test results, interview notes, and correspondence. Swiss employers must keep these files securely, respect candidate privacy under revDSG (revised Data Protection Act), and retain them for the duration of the recruitment process plus a reasonable period afterward. The most common mistake is deleting applications too quickly or keeping files disorganized, which creates compliance gaps when you later need to prove you followed fair hiring practices.

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The Bewerbungsdossier (application file) is your complete record of a candidate's journey through your recruitment process. It includes the CV, cover letter, any test results, interview notes, salary expectations, references, and all your internal comments. For a small team, this might be a folder on your computer or in zenRecruiting.ai. For larger hires, it becomes your proof that you hired fairly.

In Switzerland, building and keeping a Bewerbungsdossier is not optional—it is a practical necessity and a legal obligation. The revised Data Protection Act (revDSG) governs what you can collect, and labor law (ArG) sets expectations about fair recruitment. Your canton may also have specific rules about hiring and data retention. Most small employers underestimate how long they need to keep these files.

What goes into a Bewerbungsdossier

Your file should contain everything exchanged with the candidate: original CV, cover letter, any questionnaires or assessments you asked them to complete, interview notes with dates and attendees, and your evaluation comments. If you tested language skills, technical ability, or personality fit, those results belong in the file. Keep copies of emails and any offers made, accepted, or rejected.

Do not mix personal hunches with facts. Write down what you observed—'Candidate arrived 15 minutes late' instead of 'seemed disorganized.' This protects you if a candidate later claims unfair treatment. If you rejected someone, a brief reason (e.g., 'preferred candidate with 5+ years experience') helps explain your decision objectively.

  • CV and cover letter (as received)
  • Test scores, work samples, or assessment results
  • Interview notes: date, attendees, key answers, your assessment
  • Salary negotiation notes and final offer terms
  • Any medical information (only if job-relevant; keep separately and securely)
  • Rejection or acceptance communication

How long to keep the file and why

Swiss labor law does not specify an exact retention period, but the general rule is: keep the Bewerbungsdossier for as long as the employment relationship exists, plus at least two years after it ends. If you rejected a candidate, keep their file for one to two years. This protects you if they claim discrimination—you can show the criteria you applied. Your canton's employment office may have guidance; consult RAV/ORP/URC in your region.

If your company is audited or faces a wage dispute claim under ArG, a complete Bewerbungsdossier is evidence that you followed fair hiring practices. After the retention period expires, delete the file securely. Deleting early can look like you have something to hide.

  • Keep files for employed staff: entire employment duration + 2 years minimum after departure
  • Keep rejected applicant files: 1–2 years from rejection (consult your canton for specifics)
  • Extension: if a candidate disputes the hiring decision, extend retention until the matter is resolved
  • Secure deletion: use data-erasure software, not the trash bin, when the time comes
  • Document your retention policy in writing so all hiring managers follow the same rule
  • Review files annually to remove duplicates and outdated notes

Common mistakes and compliance obligations

The number-one mistake is deleting files too soon—either out of haste or the mistaken belief that 'old data is useless.' Six months after hiring, a manager deletes the Bewerbungsdossier. Then a candidate claims they were rejected because of age or origin. You cannot now produce your notes to defend yourself. A disorganized file is almost as bad: no dates, no attendee names, no clear reason for rejection. It signals poor governance.

Under revDSG, you must also protect candidate data from unauthorized access. Use password-protected folders, not shared drives left open. If you use zenRecruiting.ai or a similar platform, check that it meets Swiss data protection standards. Tell candidates in your job posting that you will keep their data for the stated retention period. Never share a Bewerbungsdossier outside the hiring team without explicit consent.

  • Do not delete files prematurely; set a calendar reminder for the end of your retention period
  • Write factual, dated notes during interviews; vague comments ('nice person') do not help later
  • Protect files with passwords and access controls; not all team members need to see all applications
  • Inform candidates of data retention in your privacy notice on the job posting (revDSG requirement)
  • Do not store sensitive data (medical, criminal records) unless genuinely job-relevant; if you do, isolate it
  • For rejected candidates: document your selection criteria and which candidate ranked higher and why

Frequently asked questions

Do I have to keep a Bewerbungsdossier if I hire someone?
Yes. Swiss labor law expects you to document hiring decisions. The Bewerbungsdossier is your proof that you applied fair, non-discriminatory criteria. Even for informal hires (e.g., a local referred by a friend), keep basic notes: date offered, salary agreed, start date. This protects both you and the employee.
What if a candidate asks me to delete their data after I reject them?
Under revDSG, candidates have a right to request deletion ('right to be forgotten'). However, you may retain their data if you have a legitimate legal interest—such as defending against a future discrimination claim. A reasonable approach: delete after your retention period expires anyway, but offer to delete sooner if they request it and no dispute is pending.
Can I keep notes about a candidate's appearance or personal life?
Only if it is genuinely relevant to the job. For example, for a visible tattoo policy in a customer-facing role, you can note it. But comments like 'wears too much makeup' or 'seemed shy' are subjective and indefensible if challenged. Stick to job-related observations. Medical information is extra-sensitive; keep it separate and only if required for workplace safety or accommodation.

General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.

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