If your organization is going to obligate a third party vendor to retain
records for a certain period of time, then it should be defined in the
contract along with language that states that the third party must
comply if any changes to the law occur that require changes to the
retention period.

However, be aware that a third party vendor may choose not to comply and
your organization may still be responsible for producing (or be
responsible for a failure to produce) a record that is required by law
to be maintained.

Some third party vendors where this could be of concern includes
insurance companies who handle injury or worker's compensation claims,
accounts payable vendors (where the receipts may be necessary to defend
in a tax audit years after the receipt was paid), recruiting agency
(where the person's I-9, hiring information, and consent forms may be
necessary in case of a legal issue), or a payroll company (where records
of salary paid, tax, benefit amounts, W-2, etc. may be required for a
legal issue).

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