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 complianceIT compliance describes in corporate management compliance with legal, internal and contractual regulations in the area of the IT landscape. obligation. Anyone using Microsoft Exchange
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
| Feature | Backup | Archiving |
|---|---|---|
| Purpose | Protection against data loss (e.g. deletion, ransomware
| Long-term, tamper-proof storage for legal/organizational reasons |
| Storage duration | Short to medium term (depending on the backup plan) | Long-term (statutory retention periods, e.g. 6/10 years depending on document type) |
| Structure | Entire systems/data sets are backed up | Structured, searchable filing with traceability |
| Restoration | Quickly restore to a previous state | Targeted retrieval/tracking of individual e-mails incl. history |
| Example | Restore a mailbox after accidental deletion | Proof 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
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- 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 complianceIT compliance describes in corporate management compliance with legal, internal and contractual regulations in the area of the IT landscape. 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)
- Purpose: To ensure legally compliant, tamper-proof e-mail storage.
- Scope: All business e-mail inboxes of the organization (incl. functional mailboxes).
- Classification: Classification according to relevance (tax-relevant, commercial, technical, project-related).
- Periods: Retention in accordance with legal requirements and internal requirements (e.g. 6/10 years, longer depending on the project).
- Technology: Use of an audit-proof archive solution; immutability and logging must be ensured.
- Access: Role-based; information only by authorized persons (e.g. ComplianceIT compliance describes in corporate management compliance with legal, internal and contractual regulations in the area of the IT landscape./Legal/Audit).
- Deletion: verifiable and documented after expiry of the deadlines; deletion blocks (legal hold) if required.
- Backup: Independent data backup (e.g. Keepit) in addition to the archive; regular restore tests.
- Controls: Annual effectiveness check, logging, action plan in the event of deviations.
- 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 ComplianceIT compliance describes in corporate management compliance with legal, internal and contractual regulations in the area of the IT landscape.
Note: The final choice of tool depends on size, industry, legal framework and IT landscape.
Recommendation from Olbricht IT
- Workshop & requirements analysis: deadlines, data classes, processes, verification obligations
- Design & tool selection: Archive + independent backup (e.g. Keepit)
- Implementation: guidelines, journal entry, roles/rights, monitoring
- Documentation: QM manual chapters, process diagrams, checklists
- Training & audit preparation: awareness, protocols, annual reviews
Conclusion
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No legal advice: This article does not replace individual legal advice. For binding statements, please consult your legal or tax advisor.
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