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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General information, not advice on your case: for your case the text of the law prevails. For a question about your case there is Advisorn's consulting.