Under GDPR, companies collecting data from users must make it clear how long collected data will be retained. GDPR on Email Retention Policy Data erasure is an important part of the GDPR. Finally, there’s the actual matter of erasure. While companies are drawing up their own email retention policies, there are still businesses unsure of how long they need to keep emails. To meet the General Data Protection Regulation (GDPR), which came into force in May 2018, all organisations handling personal data, including schools, … GDPR: how can I email data securely to comply with the new regulations? Another thing to keep in mind with GDPR and email retention is the right to be forgotten; this refers to a data subject’s “right to obtain from the controller the erasure of personal data containing him or her without undue delay.” There are any number of situations in which a data subject reserves the right to be forgotten (for a full list, please refer to Article 17). Email retention under GDPR. As far as email is concerned, this can be easier said than done. Robert is often required to email sensitive data. GDPR does not specify retention periods for personal data. With various regulations offering advice on data retention, it can get very confusing. Where there are legitimate grounds for continued processing and data retention, such as 'for compliance with a legal obligation, which requires processing by Union or Member State law to which the controller is subject' (Article 17(3)(b)), the GDPR recognizes that organizations may be required to retain data. A backup allows the mail system or data in an email account to be restored to a specific point in time. Data retention policy gdpr form a key foundation for assisting manages important data and files of an organization. © Copyright 2020 | Intradyn Email Archiving & eDiscovery | Privacy Statement, Chief Technology Officer and Co-Founder of Intradyn, create strong GDPR email retention policies, communication of a personal data breach to the data subject, Processing is necessary for the performance of a contract to which the data subject is party, Processing is necessary for compliance with a legal obligation to which the controller is subject, Processing is necessary to protect the vital interests of the data subject, Processing is necessary for the performance of a task carried out in the public interest, Processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party. How does the GDPR affect email? Email marketing is completely kosher under GDPR so long as you clearly present your customers with the option to opt into and, per Article 13, out of email marketing campaigns. First of all, it must be possible to recognise and mark personal information such as the private email communication of employees. There is no minimum or maximum time stipulated for email retention in the GDPR, instead the GDPR states that personal data can be kept in a form that allows an individual to be identified for no longer than necessary to achieve the purpose for which personal data were collected or processed. It covers the General Data Protection Regulation (GDPR) as it applies in the UK, tailored by the Data Protection Act 2018. According to one survey, 94% of organizations stated that email is their top security vulnerability. In addition, it sensitizes the employees about privacy, in terms of, identifying the suspicious links, setting passwords with “high strength”, not sharing passwords, and taking a back up of emails periodically on a central server or a cloud. A retention schedule may form part of a broader ‘information asset register’ (IAR), or your general processing documentation. This can be easier said than done with digital data, so be diligent about going through old files and archives to eliminate every trace of it. Instead, it states that … The benefits which come in after implementing a robust Email Retention Policy are the cost optimization of data storage, approval process optimization for accessing the email archives, and permissions for sharing emails, amongst others. Or, if you need more than just email archiving, check out our All-in-One Archiving Solution, which also offers social media and SMS/text message archiving. Among other things, it may require you to obtain consent for some of the email marketing your company does. Certain solutions even offer advanced search capabilities so that, should you need to dispose of personal data for any reason, you can easily locate the exact files you’re looking for. GDPR is very similar to most national laws; most notably that information should only be stored for as long as is necessary and that steps should be taken to securely destroy data once it reaches the end of its life. Find out what Intradyn can do for you today — contact us to get started. ArcTitan is very competitively priced and you only pay for active users. In the age of GDPR, email retention is an increasingly key aspect of an organisation’s data collection policy. If you’re looking for an email archiving solution for GDPR compliance, why not give Intradyn a try? The GDPR applies to personal data in all forms, no matter where data are stored. A failure to comply with this law could lead to fines of up to €20 million or … In order to remain compliant, when disposing of data, you must either delete or anonymize it. Data erasure is a large part of the GDPR. This is because holding personal data longer than necessary will breach the GDPR. In fact, aside from the regulatory obligations as set out in the GDPR, there are actually many other reasons for companies to consider updating their email retention policy, such as addressing the cost of storage and overall system performance. The employer could have a policy of deleting the email account of employees who have left the organisation, at the end of the relevant retention period. It summarises the key points you need to know, answers frequently asked questions, and contains practical checklists to help you comply. Our Email Archiving Solution offers robust security, advanced search and a number of other features and functionalities designed not only for GDPR compliance, but also compliance with other major regulations and legislation. Why is Web Filtering in the Workplace Important. Home > Our Knowledge > Is your email retention policy fit for the new GDPR? As part of the General Data Protection Regulations (GDPR), which comes into force on 25 May 2018, all staff must check and permanently delete emails containing personal data* that is beyond its retention period. Let’s revisit Article 5 of GDPR, with particular attention to Article 5(1)(f), which states that personal data shall be: “… processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”. Many businesses already use an email archiving solution to comply with state, federal, or industry regulations. If you have any questions around retention periods, or need help to ensure your data is GDPR compliant, get in touch with Restore, an expert on all things GDPR: email@example.com Given the fact that the average employee sends and receives around 126 business emails per day — that’s a lot of data, including personal data, going back and forth — it’s vital that you implement company-wide email policies to ensure compliance. Besides paper documentation, businesses increasingly are developing and depending on hefty streams of electronic information that usually aren’t stored or catalogued in long-established filing systems. If emails need to be found, the archive can be searched and messages can be quickly and easily retrieved. Anonymized data refers to “data rendered anonymous in such a way that the data subject is not or no longer identifiable.” Seems simple enough to understand, right? With ArcTitan, you can search 30 million emails a second. Fortunately, architecting a pervasive security, privacy, and governance solution for email can be fast and simple with Mimecast, and a natural first step for bringing your organization into alignment with GDPR … Despite concern from some sources that GDPR would be the “death of email marketing,” that couldn’t further from the case. It is worthwhile explaining the difference between an email archive and a backup, as while both can be used to store emails there are important differences between the two. It is one of the six data protection principles that clearly states that Personal Data cannot be stored for longer than it is necessary for the purposes deemed to be processed. There are some exceptions to this latter... Email marketing and spam. In this context, processing refers to a “wide range of operations performed on personal data,” including collection, alteration and, of course, storage. The General Data Protection Regulation (GDPR) comes into force in less than 10 months on 25 May 2018. If you collect, store, or use the data of people in the EU, then the GDPR applies to you. An email Retention Policy defines aspects such as employee email storage, usage, retrieval of ex-employee email data and deletion of the same. As with all things related to GDPR, the process of erasing personal data is also strictly regulated. This makes meeting retention deadlines an easy, automated process - with a quick look through the recycle bin before information is permanently deleted. He oversees global sales and marketing, new business development and is responsible for leading all aspects of the company’s product vision and technology department. That means personal data in email accounts is covered by the GDPR. We touched upon it briefly under “GDPR & Email Retention,” but let’s circle back around to GDPR and email archiving. The EU’s General Data Protection Regulation (GDPR) introduced new requirements for businesses on May 25, 2018. The benefits of effective records management are: 1. protecting our business critical records and improving business resilience 2. ensuring our information can be found and retrieved quickly and efficiently 3. complying with legal and regulatory requirements 4. reducing risk for litigation, audit and government investigations 5. minimisin… GDPR rectifies this by using more updated language, implementing a stronger framework and requiring universal compliance with its provisions. MF: Emails often contain personal data -- and that means organizations must manage backup and archived copies of them with rigor. This makes sense as it’s a legal requirement under GDPR the Storage limitation principle is detailed in Article 5 states: “1. Personal data in emails can also be quickly be found, recovered, and deleted securely, if an EU citizen exercises their right to be forgotten, for instance. Short answer: Send if you can prove there is … From end-to-end encryption to custom role-based permissions, many archiving platforms include a wide range of security features designed to create a tamper-proof, GDPR-compliant record of email correspondence. To send, or not to send emails to the existing email list. GDPR survey data retention period. At first it seems a daunting task, but by considering the goals and GDPR requirements you can reach some reasonable level of granularity that is still operational and possible to implement. Email is a popular but especially vulnerable form of communication. In this post we will explain how GDPR applies to email retention and email archiving, and how an email archive can help you comply with the GDPR. (More on GDPR and email security momentarily). Additionally, certain emails might need to be saved in order to create an audit trail or so that they can be reproduced in the event of an eDiscovery request or pending litigation. Ultimately, what all of this means is that, under GDPR, organizations are expected to do everything within their power to safeguard personal data, to promptly notify subjects in the event of a breach and to take measures to minimize any damage caused by a breach. The Matheson team discusses best practices for data retention under GDPR. For the latter, it’s best practice to invest in an email archiving platform so that you can safely store business-critical emails for longer periods of time. GDPR encryption and security. Article 5(1)(e) of GDPR states specifically that personal data must be “kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.” Emphasis here on “no longer than necessary” — it’s a good idea to get in the habit of erasing personal data when your organization no longer has a need for it. Azam is the president, chief technology officer and co-founder of Intradyn. GDPR was created to replace the Data Protection Directive, which the European Parliament enacted in 1995. © TitanHQ 2020. Most organizations implementing the GDPR consider retention policies or retention rules necessary to achieve this. In May 2018 … Personal data shall be: …(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interes… With 50 major fines (and counting!) Email inboxes and folders can contain a wealth of personal data and that information is subject to the strict privacy and security requirements of the GDPR. All rights reserved. Protect Your Emails with These 10 Secure Email Providers >>. To comply with documentation requirements, you need to establish and document standard retention periods for different categories of information you hold wherever possible. 263031, Get protected today: Start your free trial, APT32 and TA416 APT Groups Delivering New MacOS and Windows Malware Variants, Advanced Cybersecurity Defenses Needed to Combat New Phishing and Malware Campaigns, Half of Ransomware Attacks Now Involve Data Theft, Phishing Campaign Uses CAPTCHA to Fool Users and Email Security Solutions. ArcTitan, TitanHQ’s secure email archiving solution, is an ideal email archiving solution for GDPR compliance. The General Data Protection Regulation (GDPR) is a new privacy-focused law that went into effect earlier this year. The former is fairly straightforward: To delete data, you must completely erase all physical and digital copies of it. The GDPR requires businesses to implement security measures to ensure personal data are protected. Email marketing: For many organizations, it’s a means to an end and a necessary evil. In the most part, the implementation of GDPR brought no real surprises when it came to the processing and retention of all types of data, not just email. For the former, be sure to create strong GDPR email retention policies for your organization and ensure that your employees faithfully observe them. In order to protect your organization, it’s best practice to include specific instructions on how employees are to dispose of data in your GDPR email retention policy. download data retention guidance LISTEN IN NOW to get great tools and advice as specialists discuss data retention and minimisation. From the compliance date, businesses that collect or process the personal data of EU citizens were required to implement safeguards to protect the personal data of EU citizens. What GDPR did do was change the way organizations approach email marketing in order to ensure that, per Article 5, all personal data is “processed lawfully, fairly and in a transparent manner.” Article 6 expands on this, clarifying what it means to lawfully process data, and states that processing is only lawful if: As far as email marketing is concerned, the first item on this list — “the data subject has given their consent” — is the most important. Implemented on May 25, 2018, GDPR is a European Union (EU) regulation designed to protect the personal data of citizens of the EU and the greater European Economic Area and to enable citizens to exert more control over how their data is used. An email archive can also be used to recover email data in the event of disaster, so it also protects against data loss. In order to be able to comply with both the retention and deletion obligations, an enterprise should keep three important aspects in mind when archiving emails. According to Article 4 of GDPR, personal data refers to “any information relating to an identified or identifiable natural person (‘data subject’).” A natural person, for that matter, is anyone “who can be identified, directly or indirectly, in particular by reference to an identifier,” such as a name, location name or identification number. The GDPR allows personal data to be processed for archiving purposes. The challenge here is that many organizations mistakenly conflate anonymization with pseudonymization — that is, “the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information.” Use the wrong one, and you’re at risk of non-compliance. There is no minimum or maximum time stipulated for email retention in the GDPR, instead the GDPR states that personal data can be kept in a form that allows an individual to be identified for no longer than necessary to achieve the purpose for which personal data were collected or processed. It explains each of the data protection principles, rights and obligations. Records of processing activities The GDPR also gave EU citizens new rights over their personal data. A backup is a temporary repository for email data that ensures emails can be recovered in the event of data loss. An email archiving solution is essential to any successful GDPR compliance strategy because it provides you with a centralized, secure location to store and catalog all emails, including those that contain personal data. One thing that frequently comes up with GDPR is the concept of processing personal data. If you are unhappy with your current email archiving provider, changing to ArcTitan is a headache free process and assistance will be provided by our highly experienced support team. Article 5(f) of the GDPR requires personal data to be protected “against accidental loss, destruction or damage, using appropriate technical or organizational measures.” The easiest way to ensure email data are protected is by using encryption and storing emails in a safe and secure environment where they are protected against unauthorized access, accidental deletion, and tampering – an email archive. An email archiving solution is important for GDPR compliance as it allows email data to be stored safely to prevent data loss and unauthorized access. Multiple searches can be performed simultaneously, searches can be combined and, in contrast to Office 365 archiving, the same search can be used to find data in the message body and attachments. This emphasis on data protection is reinforced in Articles 25 and 34, which address data protection by design and by default and communication of a personal data breach to the data subject, respectively. TitanHQ is a trading name of Copperfasten Technologies, Registered in the Republic of Ireland No. The only ways you risk running into trouble is if you send your customers marketing emails that they didn’t sign up for or if you don’t give them the option to unsubscribe. In order to avoid steep fines and other civil penalties as a result of GDPR non-compliance, organizations around the world need to be more mindful of how they handle, process and store data — including email. Fortunately, there are steps you … It’s important to note that even if your organization isn’t based in the EU, if you have any customers or business partners that are, you’re still subject to GDPR. If you keep sensitive data for too long – even if it’s being held securely and not being misused – you may still be violating the Regulation’s requirements. By its very nature, all email contains personal data, and is especially vulnerable to cybercriminal exploits. Additionally, the Data Protection Directive was not consistently applied to and adopted by all 28 members of the EU; instead, each country was free to adapt the law to suit the needs of its citizens. Exterro®, Inc. is a leading provider of privacy, e-discovery and information governance software. ArcTitan includes end-to-end encryption for email data, access controls – including role-based controls – to ensure email data are protected against unauthorized access, and ArcTitan creates a tamper-proof record of all email data for the duration of your email data retention policy. In order to protect your customers’ personal data from falling into the wrong hands — and to avoid non-compliance — it’s important to implement strong data security policies within your organization and to invest in a secure email service. Email data may also need to be retained to comply with laws in the country or state in which your business operates, and certain industries such as finance and healthcare have industry specific legislation with provisions covering email retention. An email archive is used for long term secure email storage and, in contrast to a backup, it can be searched and individual emails can be quickly found and retrieved. ... Email Survey Software Robust email survey software & tool to create email surveys, collect automated and real-time data and analyze results to gain valuable feedback and actionable insights! Compliance with GDPR ensures that the “Email Retention Policy” is well defined, also taking into consideration the cyber attacks. Under the General Data Protection Regulation (GDPR), organisations must create a data retention policy to help them manage the way they handle personal information. Backups are usually only kept for a limited about of time, usually until a new backup is created. For more information on ArcTitan, contact the TitanHQ team today. Employees might not know what constitutes personal data or might simply forget to delete emails containing personal data; in either case, this leaves your company vulnerable to GDPR non-compliance or worse, should you experience a data breach. The purpose of keeping former employees' emails is likely to be for the defence of claims made against the employer, so the retention period should reflect the relevant limitation periods for potential claims. Although the Data Protection Directive was advanced for its time, it was insufficient for the digital age and did not adequately address how data is stored, collected and transferred. HMRC is committed to the efficient management of our records for the effective delivery of our services, to document our principle activities and to maintain the corporate memory. issued since May 2018 for a grand total of €371,569,143, the seriousness of the General Data Protection Regulation (GDPR) cannot be overstated. We touched upon it briefly under “GDPR & Email Retention,” but let’s circle back around to GDPR and email archiving. Anonymization, by comparison, is slightly more confusing. An email archiving solution is essential to any successful GDPR compliance strategy because it provides you with a centralized, secure location to store and catalog all emails, including those that contain personal data. An email archive is also invaluable for eDiscovery and dealing with customer complaints, as it can be searched and emails can be quickly and easily retrieved on demand. Keep reading to learn what that means for your emails. Gain much-needed peace of mind by looking for a provider that offers email encryption (especially end-to-end encryption) and two-factor authentication and that observes strict privacy laws. In terms of email retention law UK, all of the information required by businesses to create their email retention policies should be taken from the Public Records Act 1958 (PRA 1958), the Freedom of Information Act 2000 (FOIA 2000), the Data Protection Act 2018 (DPA 2018) and the General Data Protection Regulation (GDPR), with GDPR email regulation of particular relevance. Article 5(e) of GDPR states personal data shall be “kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed”, This is relevant for email use as emails can contain personal data so an email retention strategy should be included in the retention policy of companies and organisations. 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Solution to comply with documentation requirements, you need to know, answers frequently asked questions, and contains checklists.
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