The law on sharing an archive

Can you sell company emails? The law on passing mail on

Updated

Owning the mail is the first test. The second is what the law says about the people writing it and the services carrying it, and it differs between a trading company and one in insolvency.

Ask about my email archive

Stored communications in the US

Section 2702 of the Stored Communications Act limits when a provider of a communication service may divulge what it stores, and one of its exceptions is disclosure with the lawful consent of the originator or an addressee or intended recipient. The Wiretap Act allows interception where one party to the communication has given prior consent.

Source: 18 U.S.C. 2702 (Cornell LII)

Personal data in the UK

UK GDPR article 6 allows processing only on a lawful basis, and article 5 keeps personal data identifiable for no longer than its purpose needs. The Data Protection Act 2018 makes it an offence to obtain or disclose personal data knowingly or recklessly without the controller's consent.

Source: UK GDPR, art. 6

When the company is in insolvency

In a US bankruptcy a trustee may not sell personally identifiable information against the debtor's own privacy policy unless a consumer privacy ombudsman is appointed and the court approves. A UK administrator has the power to sell the company's property by public auction or private contract.

Source: 11 U.S.C. 363 (Cornell LII)

The periods the mail must still be kept for are on how long business emails should be kept, and the buyers on who buys company email data.

Does my firm qualify?

Each buyer's published terms, held against your firm.

Describe the mail your company holds

Most archiving vendors we read leave the mail with you, but getting it out can take a fee and a deadline. Tell us where yours is kept and we will write back about it.

The mail
  • What does the archive mostly hold?

  • Every email archive enquiry is read by a person
  • No archiving vendor or mail provider hears from us about you
  • Never send a mailbox, PST file or password through this form

Sources

This site's own datasets, every figure quoted from its source and dated:

  1. Global Relay, Master Terms of Service
  2. Global Relay, Service Specific Terms
  3. Global Relay, Policies
  4. Global Relay Archive for Slack, data retention statement (Slack Marketplace listing)
  5. Proofpoint, Customer Agreement
  6. Proofpoint, Product Terms
  7. Proofpoint, License Terms
  8. Proofpoint, Data Privacy Information Sheet: Automate

Ask whether your company's mail can be licensed

Most archiving vendors we read leave the mail with you, but getting it out can take a fee and a deadline. Tell us where yours is kept and we will write back about it.

Ask about my email archive