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How long may we keep our backup data, and is that different from production retention?

A backup is a copy. A copy of personal data falls under GDPR too, and the same retention rules apply in principle, with a key nuance: regulators accept that backup runs on a 'rolling' window.

Try this first

  1. 1Production retention (admin 7 years, medical longer, marketing limited to consent) is your hard ceiling. Keeping backup data beyond that is grounds for purge or anonymisation.
  2. 2For backups specifically there's 'rolling retention': you don't have to track precisely which user is in which backup, as long as backups expire automatically after a reasonable window (30, 90 or 180 days).
  3. 3On a right-to-be-forgotten request you don't need to scrub every backup. Regulators accept the data leaving via normal rotation within X days, provided production deletion is immediate.
  4. 4Document explicitly: which retention in which backup tier, and how production deletion propagates. Common audit question.
  5. 5Long-term archive is not the same as backup: archive is intentionally long-term, with its own legal basis and policy. Don't confuse them.
  6. 6Set backup retention honestly: not 7 years because 'storage is cheap', but the minimum that meets RTO and legal duties.

When to bring us in

Concrete GDPR questions on backup retention and erasure go through a DPO or privacy lawyer. Regulator guidance evolves, what was true 5 years ago may not be now.

See also

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