The Personalakte (personnel file) is the organised collection of all personal documents on an employment relationship. There is no duty to keep one, but there are rules on content, inspection, and retention. Employees have a right of inspection under § 83 BetrVG and a right of access under Art. 15 GDPR. The principles of accuracy, completeness, and confidentiality apply; incorrect content can be removed.
At a glance
- The Personalakte is the organised collection of documents on the employment relationship (contract, references, warnings, certificates)
- Employees have a right of inspection under § 83 BetrVG and may bring in a works council member
- In addition, there is a data protection right of access under Art. 15 GDPR (DSGVO)
- The principles of accuracy, completeness, and confidentiality apply
- Incorrect or outdated content, such as an unjustified warning (Abmahnung), can be removed
- Retention and deletion sit in tension: tax- and social-security retention periods on one side, the GDPR principle of storage limitation on the other
What belongs in the file, and what does not
- It should hold documents with a factual link to the employment: contract and amendments, references, certificates, warnings, correspondence
- It should not hold irrelevant or specially sensitive data without necessity, such as health or trade-union details, unless exceptionally permitted
- Employees may add a written rebuttal (Gegendarstellung) to the file
FAQ
Must the employer keep a Personalakte?
No, there is no express obligation. If the employer does keep a file, it must observe the principles of accuracy, confidentiality, and data protection.
What right of inspection do employees have?
Employees may inspect their personnel file and bring a works council member. Independently, they may request information about the data stored about them and a copy under the GDPR.
Can a warning be removed from the file?
Yes. If an Abmahnung is incorrect, disproportionate, or has become moot, there is a claim to have it removed. For justified warnings there is no fixed deadline; what matters is whether it still has relevance for the employment.
How long may documents be kept?
It depends on the document. Payroll- and tax-relevant documents are subject to statutory retention periods, while the GDPR requires deleting data no longer needed. In practice, retention is differentiated by the purpose and period of each document.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
