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How long to keep? Checklist for archiving and legal cases
Clear guidance for Swiss SMEs: Which records to keep, how long, when to stop deletions in legal disputes, and how to document proof securely.
Quick answer
Keep records as long as laws, business needs, or potential legal disputes require. For Swiss companies, tax and civil statutes, contract and warranty periods, and consent rules for personal data are key. Use this checklist to set deadlines, secure evidence, and protect your company.
Why firm retention rules matter
Companies in Geneva, Zurich or Lausanne need clear rules. Missing documents cost time and create risks in disputes and tax audits. A simple retention policy lowers risk, speeds up searches and preserves evidence.
Three criteria to set retention periods
Decide by: 1) statutory time limits (tax and accounting), 2) contractual and warranty periods, and 3) business risk (possible disputes). Also consider consent and purpose limitation for personal data.
Practical checklist: document types and guidelines
Contracts: Keep for contract length plus usual limitation periods. Accounting and tax records: Typically 10 years in Switzerland. Payroll and HR files: Keep for 5–10 years after employment ends, depending on claims risk. Warranty and product liability files: Keep while claims are possible. Emails and correspondence: Treat business-critical emails like contracts. Consent records: Keep as long as they are needed for the stated purpose.
When a legal dispute is likely
If a dispute becomes likely, suspend routine deletions of related materials. Record who preserved what and when. Flag files as subject to litigation hold and notify IT and legal teams, especially for electronic archives.
Secure archiving: physical and digital
Store paper files in secure, dry locations. For digital records use tested backups with version history and access logs. Preserve metadata (timestamps, authors, edit history). For sensitive personal data, apply deletion schemes consistent with data protection rules.
Internal rules and responsibilities
Create a retention policy with defined time frames and owners. Train staff on filing and deletion rules. Keep inventories and audit logs. Establish an escalation route to legal for recurring questions.
Frequently asked questions
Is there a single retention law in Switzerland?
No. There is no single law for all documents. Many document types have statutory periods. Tax and accounting records are typically kept for 10 years.
What if a customer asks for deletion?
Check whether a statutory retention duty or an ongoing legal case prevents deletion. Log the request and decide based on legal grounds and purpose limitation.
When should I stop deletions?
Stop deletions as soon as litigation is likely or a claim is asserted. Tell IT, archives and legal teams immediately.
How long should I keep emails?
Treat emails related to contracts, promises or decisions like the corresponding paper documents. Non-essential messages can follow shorter internal rules if documented.