How Long to Keep Applicant Data
You must keep applicant data (CVs, cover letters, test results, notes) for a minimum of five years from the date of application under Swiss contract law (OR Article 756). After that period, you should delete or anonymise the records. If you hired the person, keep their file longer—at least ten years for payroll and tax purposes. Retention rules differ slightly by canton for certain documents.
When you receive a job application, you collect personal data: names, contact details, work history, sometimes test scores or medical information. Swiss law sets clear limits on how long you can hold this information.
The five-year rule applies to all applicants you did not hire. For hired employees, your obligations extend much further due to employment records, payroll, and tax law.
The Five-Year Rule for Rejected Applicants
Swiss Code of Obligations (OR) Article 756 requires you to retain applicant files for five years from the date of application. This covers anyone you interviewed or considered but did not hire.
The purpose is legal protection: if a rejected candidate later claims discrimination or procedural unfairness, you need evidence of your hiring decision. After five years, you have no legal obligation to keep the file.
- Five years runs from the application date, not from your final rejection decision
- Covers all applicants regardless of how far they progressed (first round, final interview, etc.)
- Applies to all documents: CV, cover letter, interview notes, test results, assessment feedback
- The clock resets if you re-hire someone—treat the new application as a fresh five-year period
- Some cantons (e.g. Zurich) may have stricter rules for certain document types; check locally
- Five years is a minimum—you may keep files longer if your company policy allows
Longer Retention for Hired Employees
When you hire an applicant, their file becomes an employment record. Tax law (VAT, income tax), labor law (ArG), and social insurance (AHV/ALV/UVG) require you to keep payroll, hours, and employment contracts for ten years minimum.
Employment files must be kept even after the person leaves. The ten-year period often starts from the end of the employment relationship, not from hire date.
- Employment contracts, salary records, and Arbeitszeugnis (work reference) must be retained for ten years
- Tax authorities (Kantonal revenue office) can audit back ten years; incomplete files invite penalties
- Keep timesheets, Pensum adjustments, sick leave documentation, and payroll stubs for the full ten years
- The ten-year rule may be longer for specific documents like apprenticeship contracts or health/safety records
- Digital storage is acceptable; ensure backups are secure and compliant with revised Data Protection Act (revDSG)
- After ten years, shred or securely delete all personal data—do not transfer to archive indefinitely
Common Mistake: Keeping Everything Too Long
Many SMEs keep applicant files indefinitely 'just in case.' This exposes you to data protection liability under the revised Data Protection Act (revDSG), which requires deletion of personal data once it serves no lawful purpose.
Holding rejected applicant data beyond five years is not just unnecessary—it violates the principle of data minimisation. Regular deletion strengthens your compliance posture.
- Indefinite storage increases your breach risk: more data = more to protect = higher liability if hacked
- revDSG fines can reach 6% of annual turnover for systematic retention violations
- Set a calendar reminder to delete rejected applicant files on the five-year anniversary
- Create a simple deletion log (date deleted, applicant name, reason) as proof of compliance
- Do not keep rejected applications 'in case they reapply'—treat each application as a new five-year cycle
- Clarify your retention policy in your privacy notice given to applicants at application time
Frequently asked questions
- Can I keep rejected applicant data longer than five years if I think I might hire them later?
- No. The five-year rule is a legal maximum for rejected applicants. If someone reapplies, treat it as a new application with a fresh five-year retention period. Keeping old files 'in case' violates revDSG data minimisation principles and increases your compliance risk.
- What if I hired someone, they left, and now they are suing me for unfair dismissal?
- Employment records must be kept for ten years from the end of employment. If a lawsuit is filed within that window, your payroll, contract, timesheets, and performance notes are evidence. Once ten years pass after departure, you may delete the file. Consult your legal counsel on any active dispute—retention may be required during litigation.
- Do I have to keep digital copies separate from paper files?
- No. You can store applicant data in paper or digital form—or both. Digital is often simpler for bulk deletion. Ensure encrypted storage and regular backups. The revDSG requires you to protect personal data equally regardless of format, so implement reasonable security measures (passwords, access controls, encryption).
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.