Data Retention [Multi-Jurisdiction]

[wellington]

Have a bit of a weird question.

Say a UK Company (holding) of a overseas company ( 5yrs at time - seychelles) which folded into a Belize company, which then had its assets transferred to a BVI company...

How long do you keep records for?

I've got a warehouse of paperwork (some 40+ staff at times).

And i am waiting to start burning and drawing down my costs lol.

In theory the UK, Seychelles, Belize company records should begin destruction now (last year) -> BVI company is all digital.

 

[Sols]

How long do you keep records for?

For physical documents: five years, unless longer required under applicable laws. For example, Malta used to require 10 years.

Digital copies: forever, including multiple backups in different locations.

 

[wellington]

Digital copies: forever, including multiple backups in different locations.

Is that a legal requirement? - If so i'm fucked lol as drives seem to die with the humidity - not joking - having said that well past 5 yrs which it was the requirement at the time the records were expected to be retained for.

 

[Sols]

Is that a legal requirement? - If so i'm fucked lol as drives seem to die with the humidity - not joking - having said that well past 5 yrs which it was the requirement at the time the records were expected to be retained for.

No, it's not a requirement. I just think it's good practice since it's so easy to do (cloud storage). You do have to be careful with GDPR/similar laws, though, if the data you store includes personal information, though.

 

[JohnnyDoe]

drives seem to die with the humidity - not joking -

SSDs shouldn’t die too soon in a healthy 60% humidity room. My 2yo laptop works perfectly after two years of daily use on the beach, despite the condensation on it every time I move outdoors.

 

[wellington]

SSDs shouldn’t die too soon in a healthy 60% humidity room. My 2yo laptop works perfectly after two years of daily use on the beach, despite the condensation on it every time I move outdoors.

lol. Humidity here gets right up around 100

Not SSD's but the mini drive versions, usually plug in and then have to do a recovery and move over to another drive, but fearful - suspect something has been lost during those processes.

Having said that - i can't imagine there is a requirement to keep digital records longer than the requirement to retain physical records.

No, it's not a requirement. I just think it's good practice since it's so easy to do (cloud storage). You do have to be careful with GDPR/similar laws, though, if the data you store includes personal information, though.

Cloud Storage isn't appropriate for some companies (which included mine) as we had KYC/AML data for end users etc, financials, etc.

No, it's not a requirement. I just think it's good practice since it's so easy to do (cloud storage). You do have to be careful with GDPR/similar laws, though, if the data you store includes personal information, though.

Just a irony on the GDPR - Does GDPR even apply to companies that have ceased activities and are just keeping records as legal requirements.

How does that even work - I mean they have no cash flow etc - companies closed etc, for example i've paid out of pocket to store/warehouse, etc i suspect it has cost me roughly 50,000$ over the past 6/7+ yrs when all added up.

 

[Sols]

Cloud Storage isn't appropriate for some companies (which included mine) as we had KYC/AML data for end users etc, financials, etc.

Most of your peers are using cloud storage, including for storage of KYC documents. Encrypted, of course.

Just a irony on the GDPR - Does GDPR even apply to companies that have ceased activities and are just keeping records as legal requirements.

Yes, the entity is still considered a controller or processor.

How does that even work - I mean they have no cash flow etc - companies closed etc, for example i've paid out of pocket to store/warehouse, etc i suspect it has cost me roughly 50,000$ over the past 6/7+ yrs when all added up.

Isn't bureaucracy great?