ENNL
Menu
← All articles

Coaching record retention periods: what the law actually requires

Coaching record retention periods: what the law actually requires

Coach keeps session notes separate from administrative records

There is no fixed retention period under the GDPR for a coaching record. You keep personal data no longer than necessary for the purpose for which you collected it, and you substantiate that choice yourself. In addition, separate rules apply: tax documents are subject to a statutory retention obligation, and the retention period under the WGBO (the Dutch Medical Treatment Contracts Act) applies to medical records, not to coaching.

In short:

  • The GDPR gives no fixed period for session notes; for each piece of data, record why you keep it and review annually whether it is still needed.
  • Keep invoices and accounting records for seven years; for certain documents relating to real estate a ten-year period applies, counted from the moment their current relevance expires.
  • The twenty-year retention period under the WGBO applies to medical records, not to coaching; therefore only note health data when it is functionally relevant.
  • You can keep session notes for up to a year after completion, provided that aftercare or possible disputes justify that period for your practice.
Exantur
Manage client data with attention to privacy
Exantur brings session notes, client relationships and coaching programmes together in one workspace, with EU hosting and access security as part of the practice software.
Explore Exantur

Table of contents

What the GDPR says about retention periods and how to apply it as a coach

The GDPR sets no hard period for coaching records. The starting point is simple: you keep a client's data no longer than necessary for the purpose for which you use it. The Dutch Data Protection Authority is clear on this: you limit the retention period to a strict minimum and regularly review whether the data is still relevant.

What exactly "necessary" means depends on your purpose. In coaching, one of these three usually applies:

  • You still need the data to fulfil your contractual arrangements with the client.
  • You want to be able to respond to questions about the coaching provided after a programme has ended.
  • You are taking into account a possible legal claim, for example in a dispute over an invoice or a programme.

The GDPR also requires accountability: you must be able to demonstrate why you choose a particular period. That means writing down that choice, for example in your privacy policy or in a processing register, together with the reason behind it.

Pro tip: Write one sentence for each type of data explaining why you keep it and for how long. That is enough to provide an immediate explanation in the event of a query or inspection.

Tax retention obligation: when does 7 years apply and what does that mean for your practice

Separately from the GDPR, a tax retention obligation applies to your administration. According to the Dutch government, a statutory retention obligation of several years applies to your financial administration, and in specific cases, such as real estate, even 10 years.

For coaches, this concerns:

  • Invoices you send to clients and invoices you receive yourself.
  • Payment details and entries in your accounting records.
  • Accounts receivable overviews and VAT administration.

This period does not start on the invoice date, but only once its current relevance has expired. A lease contract for your practice space therefore only counts from the moment the contract ends, not from the signing date. This start date is often calculated incorrectly, as the Dutch Tax Administration explains.

It pays to keep your administrative documents strictly separate from your substantive coaching notes. The 7 years applies to invoices and accounting records, not automatically to your session notes. Those who keep everything in one folder often unintentionally retain personal notes far longer than necessary.

Separate archive compartment for administration and session notes

Why the 20-year WGBO period does not apply to coaching

The WGBO governs medical treatment records and obliges healthcare providers to keep them for a long period, counted from the last change made to the record. This is described on Ondernemersplein. This rule applies specifically to healthcare providers, not to coaches.

Nevertheless, coaching can sometimes touch on health information, for example when a client talks about burnout, a diagnosis or medication. That falls under special categories of personal data, for which extra care applies.

  • Only note what is functional for the coaching purpose, not every medical detail a client shares.
  • When in doubt, consider phrasing sensitive information more generally or anonymising it in your notes.
  • With every note, ask yourself whether you really need this information for the progress of the programme.

The Dutch Data Protection Authority points out that health data requires extra protection and sometimes calls for additional measures.

How to set your own retention period and document it

You can organise this yourself in six steps, without a lawyer.

  1. For each type of data, state why you collect it, for example invoicing, progress tracking or aftercare.
  2. Make an overview of all the data you keep: contracts, invoices, session notes, assessments, emails.
  3. Check which statutory period applies: 7 years for tax documents, no fixed period for substantive notes.
  4. Assign a retention period to each category and write down the reason.
  5. Record this in your privacy policy and, if you keep one, in a processing register.
  6. Schedule an annual review moment to check whether data is still needed and delete what is no longer required.

A practical starting point: keep financial documents for 7 years, as the law requires. For substantive session notes you can apply a shorter period, for example up to a year after the programme ends, depending on your own purpose regarding aftercare or possible disputes.

In your privacy policy this could look like this: "We keep session notes for up to one year after the programme is completed, for aftercare and any questions from the client." Our GDPR checklist for coaches walks you through all the obligations step by step.

Pro tip: Simply put the review date in your own calendar. An annually recurring moment prevents records from lingering unnoticed.

Access, review and securely deleting old records

A retention period is only worth something if you can actually delete data once the period expires. A few basic measures make that feasible.

  • Use strong passwords and two-step verification (an extra check alongside your password, for example via a code on your phone) for every system in which you keep client data.
  • Ensure that only you, or a colleague who truly needs it, has access to complete records.
  • Respond to a client's access request by showing which data you hold and why, and delete what no longer falls under a statutory retention obligation.
  • Keep a brief log of what you have deleted and when, so that you can show this during an inspection.

This way you can demonstrate at any time that you actually carry out your own retention policy, not just put it on paper.

How practice software can help you with accountability and retention periods

Practice management software can help you apply retention periods consistently, as long as you first determine yourself which period suits which data. Exantur, for example, offers client management and searchable session notes in one workspace, separated from invoicing, which helps to treat substantive and administrative data separately.

We work with a data processing agreement and host data within the EU, in Frankfurt. This is relevant for coaches who want to be able to demonstrate where and how client data is processed. More details about our approach can be found on our page about secure coaching software.

Using software does not automatically make your practice fully GDPR-aware: the choices about retention periods and substantiating them remain your responsibility.

How I personally look at retention periods as a coach

A fixed, written-down retention period brings peace of mind. You don't have to weigh things up again for every record; you simply follow your own policy. In my work it helps enormously to keep financial documents and session notes strictly separate, if only because they follow completely different rules. Schedule a moment once a year in your calendar to check and clear out old records. It takes an hour and prevents a lot of confusion later on.

— Martijn

Practice management with attention to privacy

Anyone who wants to take retention periods seriously benefits from a system that separates administration from substantive notes. For this we offer client management, searchable session notes and a dedicated client portal in one workspace, with hosting within the EU and a data processing agreement as part of our approach.

  • Client data and invoicing remain visible separately, so you can apply a dedicated retention period per category.
  • You manage access to records yourself via roles, so that only authorised persons can see sensitive notes.
  • We offer a free trial period, after which your chosen subscription starts automatically if you do not cancel beforehand.

Take a look at our prices and subscriptions to see which package suits your practice.

This article contains general information and does not replace the advice of a qualified lawyer. Consult a qualified legal professional about your own situation before acting on the basis of this content.

Frequently asked questions

Do I have to delete a coaching record immediately after completing a programme?

No, you may keep data for as long as you have a valid purpose, for example aftercare or a possible legal question. Once that purpose no longer exists, you must delete the data in line with the rule that you should not keep it longer than necessary, as the Dutch Data Protection Authority indicates.

Does the 7-year retention period also apply to my session notes?

No, the 7-year period applies to tax and administrative documents such as invoices and accounting records, as the Dutch government describes. Substantive session notes do not automatically fall under this and are given their own, shorter period based on your purpose.

May I keep records longer if the client gives permission?

Yes, a client can give explicit permission to keep a record longer than your standard period, for example for a follow-up programme. Record this permission in writing and note the reason in your processing register or privacy policy.

What are the consequences if I do not comply with retention periods?

Failing to comply with retention periods can lead to enforcement action by the Dutch Data Protection Authority, with possible fines as a result. Make sure your choices are substantiated and documented, so that during an inspection you can demonstrate why you apply a particular period.

Do I also have to treat personnel files separately?

Yes, personnel files follow their own retention rules, separate from client records. A practical explanation of this can be found in this article on personnel files from an accountancy firm specialised in freelancers and SME entrepreneurs.

Sources

Recommendations