How long may the CVs of unsuccessful job applicants be kept?

By Advisorn · updated on 25 October 2026 · Art. 328b CO, Art. 6 para. 4 and 19 FADP, Art. 8 GEA

In short

An applicant's file serves only the selection (Art. 328b CO, Art. 6 FADP). When the selection is over it must be returned or destroyed, unless the applicant agrees to its being kept for future positions. Some data may be kept for a few months to defend against a claim, for example of discrimination: the time limit to act under the Gender Equality Act is three months from the notification of the rejection (Art. 8 GEA).

What to do

  • inform applicants with a privacy notice of their own, in the job advertisement or on the portal too;
  • limit access to the files to those taking part in the selection;
  • ask for consent to keep the file for future positions, with a duration (for example one year);
  • delete the copies in e-mail inboxes and recruitment platforms too.

References

Asking a former employer for references as a rule requires the applicant's consent, and the questions must stay on suitability for the position.

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