DSGVO Exchange

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    Legally compliant email archiving & backups in Microsoft 365 – responsibility, guidelines, tools

    In the digital business world, the secure storage of emails is not just an organizational requirement, but a compliance obligation. Anyone using Microsoft Exchange (Microsoft 365) has a good basis – but for complete legal certainty, clear retention guidelines, an audit-proof archive and an independent backup are required. This article explains what needs to be done, who is responsible and how Olbricht IT provides support.

    Microsoft Exchange: Good foundation, but not the whole package

    Important on-board tools in Microsoft 365:

    • Retention policies for controlled deletion/retention
    • Litigation hold (legal hold function) for immutability in the event of a dispute
    • eDiscovery for targeted search and verification

    These functions prevent accidental deletion and help to keep emails in their original state. However, they do not replace independent data backup and are not automatically equivalent to GoBD-compliant email archiving.

    Backup vs. archiving – the crucial difference

    FeatureBackupArchiving
    PurposeProtection against data loss (e.g. deletion, ransomware, failure)Long-term, tamper-proof storage for legal/organizational reasons
    Storage durationShort to medium term (depending on the backup plan)Long-term (statutory retention periods, e.g. 6/10 years depending on document type)
    StructureEntire systems/data sets are backed upStructured, searchable filing with traceability
    RestorationQuickly restore to a previous stateTargeted retrieval/tracking of individual e-mails incl. history
    ExampleRestore a mailbox after accidental deletionProof of an e-mail from a previous year during an audit

    In short: backup = technical safety net. Archiving = legally compliant long-term storage. Both are needed.

    Keepit as an independent backup solution for Microsoft 365

    Keepit is a specialized cloud backup solution for Microsoft 365 (Exchange, OneDrive, SharePoint, Teams). It supplements the on-board tools with independent data backup:

    • Independent storage outside the Microsoft infrastructure (reduces dependencies)
    • Automatic backups several times a day and granular recovery
    • Versioning and unlimited storage as required
    • Fast restore of individual emails, entire mailboxes or complete accounts
    • EU storage locations and functions to support GDPR/GoBD requirements
    • Tamper protection and traceability

    Who is responsible for archiving?

    The legal responsibility for proper, legally compliant email archiving always lies with the company. External service providers (e.g. Olbricht IT) or providers (Microsoft, Keepit, archiving systems) can take over the technical implementation, while the compliance responsibility remains with the client.

    In particular, the company must:

    • select and commission suitable archiving and backup solutions,
    • Define and comply with retention periods,
    • Regulate access, deletion and checking processes,
    • maintain complete documentation (guidelines, procedures, responsibilities),
    • carry out and provide evidence of regular checks/audits.

    An IT service provider such as Olbricht IT provides support with design, implementation, training, operation and documentation – including evidence for internal/external audits.

    Documentation in quality management (QM manual)

    To ensure that processes are auditable, e-mail archiving should be included in the QM manual, e.g. with:

    • Objective & scope: Which mailboxes, systems and data are covered?
    • Roles & responsibilities: Department, IT, data protection, audit
    • Retention periods: according to document type (e.g. commercial, tax-related, project-related communication)
    • Technical implementation: archive solution, storage locations, backup concept, integrity/immutability
    • Processes: Recording, search, export, legal hold, deletion after deadline
    • Controls: regular tests, protocols, responsible persons, escalation
    • Training & awareness: guidelines for employees (e.g. do not delete or bypass emails privately)

    Sample: Retention policy (extract)

    1. Purpose: To ensure legally compliant, tamper-proof e-mail storage.
    2. Scope: All business e-mail inboxes of the organization (incl. functional mailboxes).
    3. Classification: Classification according to relevance (tax-relevant, commercial, technical, project-related).
    4. Periods: Retention in accordance with legal requirements and internal requirements (e.g. 6/10 years, longer depending on the project).
    5. Technology: Use of an audit-proof archive solution; immutability and logging must be ensured.
    6. Access: Role-based; information only by authorized persons (e.g. Compliance/Legal/Audit).
    7. Deletion: verifiable and documented after expiry of the deadlines; deletion blocks (legal hold) if required.
    8. Backup: Independent data backup (e.g. Keepit) in addition to the archive; regular restore tests.
    9. Controls: Annual effectiveness check, logging, action plan in the event of deviations.
    10. Training: Mandatory instructions for affected employees, onboarding check.

    Archiving tools (selection)

    • Microsoft 365 Purview (Retention/Records Management) – Guidelines & Legal Hold in the M365 Suite
    • MailStore Server – widespread email archiving for SMEs
    • Hornetsecurity Email Archiving – Cloud archiving with journal capture
    • Barracuda Message Archiver – Appliance/Cloud Archive for Email Compliance

    Note: The final choice of tool depends on size, industry, legal framework and IT landscape.

    Recommendation from Olbricht IT

    1. Workshop & requirements analysis: deadlines, data classes, processes, verification obligations
    2. Design & tool selection: Archive + independent backup (e.g. Keepit)
    3. Implementation: guidelines, journal entry, roles/rights, monitoring
    4. Documentation: QM manual chapters, process diagrams, checklists
    5. Training & audit preparation: awareness, protocols, annual reviews

    Conclusion

    Microsoft Exchange provides a solid basis – legal certainty only arises through audit-proof archiving plus an independent backup. Compliance responsibility lies with the company; Olbricht IT ensures smooth, auditable implementation.

    Ready to set this up cleanly? We provide support from strategy to audit verification. Request advice now!

    No legal advice: This article does not replace individual legal advice. For binding statements, please consult your legal or tax advisor.

    Dieser Beitrag ist auch verfügbar auf: Deutsch (German)

    Updated on 25. August 2025
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