How long am I allowed to store personal data?
August 1, 2022 | 65,00 EUR | answered by Tobias Helbig
Dear Data Protection Lawyer,
My name is Anna Stamm and I run a small online shop where I sell handmade jewelry. In my shop, I collect personal data of my customers, such as names, addresses, and email addresses, in order to process orders. However, I am unsure about how long I am allowed to store this data before I have to delete it.
I am worried that I may be violating data protection laws if I hold onto my customers' data for too long. At the same time, I also want to ensure that I can still use the data for any potential inquiries or warranty cases.
Could you please explain to me how long I am allowed to store personal data and if there are any exceptions that allow me to keep the data for a longer period of time? Are there specific legal requirements or guidelines that I need to adhere to? What are the consequences if I violate these regulations?
Thank you in advance for your help and support.
Sincerely,
Anna Stamm
Dear Mrs. Stamm,
Thank you for your inquiry regarding the storage of personal data in your online shop. It is understandable that you are unsure how long you are allowed to keep your customers' data before you must delete it. Handling personal data is an important aspect of data protection law, and it is crucial that you comply with the applicable regulations to avoid breaking any laws.
In principle, personal data may only be stored for as long as necessary for the purpose for which it was collected. In the case of your online shop, this means that you may store your customers' data for as long as it is necessary for processing orders. Once this purpose is fulfilled, you should delete the data unless there are legal requirements that necessitate longer storage.
In Germany, the Federal Data Protection Act (BDSG) regulates the storage and processing of personal data. According to § 35 BDSG, personal data may generally only be stored for as long as necessary to fulfill the purpose. However, there are exceptions that allow for longer storage, such as when the data is needed for tax purposes or to fulfill warranty claims.
It is important that you securely and safely store your customers' data and only keep it for as long as necessary. Violating data protection laws could result in fines and, in the worst case, claims for damages from your customers. Therefore, it is advisable to comply with the applicable regulations and regularly check if the stored data is still needed.
If you have any further questions or need assistance, I am happy to help. Thank you for your trust and attention.
Sincerely,
Tobias Helbig
