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1. Introduction

Email archiving solutions must be comprehensive and accessible. A flexible design that solves complex use cases where compliance and eDiscovery come into conflict is essential. This is why TitanHQ made ArcTitan highly configurable, with unlimited growth, and simple to use.

In our hyperconnected world, where social media grabs so much attention, it may seem as if email is an outmoded technology. However, this could not be further from the truth. Email reigns supreme as a communication channel and is an essential business communication method, with over 347 billion emails sent and received daily in 2023. Email use seems unlikely to decrease anytime soon, with almost 400 billion emails expected to be sent and received daily by 2026. Because emails often contain sensitive and proprietary information, this technology has come under the scrutiny of laws and regulations. Email is an information system that must be preserved for business continuity, regulatory compliance, and legal reasons.

This preservation comes under the auspice of email archiving systems. In February 2023, over one million companies worldwide used Microsoft 365. So, using Office 365's built-in email archiving via Exchange Online Archiving (EOA) is a no-brainer. However, an organization may have better email archiving choices, as email archiving must be considered a holistic system.

This white paper dives into the whys and wherefores of email archiving and will include discussions on the following:

  • Why email archiving is needed
  • Misconceptions in email archiving
  • Compliance, laws, and email archiving
  • Exchange Online Archiving (EOA) for Outlook 365 and its limitations
  • ArcTitan email archiving solution
  • A comparison between EOA and ArcTitan.

Download PDF Version here.

Almost 400 billion emails expected to be sent and received daily by 2026.

2. Why Does an Organization Need to Archive Emails?

eDiscovery - legal protection - regulatory compliance.

A business turns upon the information it generates and communicates. This information must be easily accessible, secure, and have demonstrable integrity. As email enters or leaves an organization, a data trail is generated. By archiving emails, this trail is auditable, and the data is available. An email archiving system will preserve email data, ensuring it is immutable and tamper-proof. Security of the stored emails should be an intrinsic value of any email archiving system. However, the reasons for archiving emails extend beyond a simple repository; as such, an email archiving solution is an ecosystem of capabilities that preserve and deliver the following:

  • Data and Business Continuity: Access to emails is critical for business communications. Organizations must be able to quickly and accurately locate an email conversation or attachment to keep business flowing.
  • Recovery: Unfortunately, attacks that involve data integrity, such as ransomware, can interrupt this flow. Email archiving must provide fast, accurate retrieval of emails and attachments.
  • Intellectual Property (IP) Preservation: Emails and attachments often contain IP. Email archives that are accessible and secure preserve IP and allow it to be quickly and accurately retrieved when needed.
  • Proof of Communications: Legal actions often require evidence. eDiscovery provides proof of communication to help organizations deal with legal requests. Organizations that are fully prepared can handle eDiscovery requests promptly.
  • Regulatory Compliance and Law: Email is a heavily regulated area that can be complicated for a business to comply with. Many jurisdictions have a Venn of regulations and laws that an email archiving system must handle correctly.

This ecosystem of capabilities is not an on-off switch. Email archiving is a must-have, not a nice-to-have, but a solution must embrace and deliver all these attributes in a controllable and accessible way.

Get started with TitanHQ's robust email arching solution.

3. Misconceptions in Email Archiving

Laying down the foundation stone of email archiving is vital in establishing what capabilities are critical to providing best-practice email archiving. Having a handle on misconceptions about how email archiving works and the requirements of such a system helps to ensure that you choose the ideal email archiving solution for your needs. Some of the most common misconceptions that lead to the incorrect email archiving solution choice include the following:

Email Archiving is Just a Backup System

Archiving emails is not simply about backing up emails. Placing emails into a separate Archive folder does not make those emails comply with regulations or make them easily discoverable during legal cases. Legal requirements, regulations, and business continuity must have tamper-proof evidence that emails are preserved unchanged. Also, email archiving systems must have granular controls over search and retrieve and supply a complete audit trail.

Any Archive Can Achieve Legislative Compliance

Email archiving systems must expand to handle the vast number of emails a business generates. Auto-expansion capabilities can still be limited, meaning emails cannot be archived seamlessly, potentially leading to an incomplete archive.  Unless the email archiving solutions have tamper-proof capability, emails could be changed, making them meaningless in the event of legal action. 

4. Compliance, Laws, and Email Archiving

Email archiving must be done in a manner that covers a variety of laws and regulations. Unified and comprehensive email archiving solutions must provide functions that meet regulatory requirements. These functions should include the following:

  • Documentation and traceability for audit and investigations
  • Business continuity and disaster recovery
  • eDiscovery for legal requirements in litigation
  • Records management
  • Encryption and access control to emails and attachments
  • Secure storage

Sometimes, specific regulatory requirements can conflict with the remit of robust email archiving; for example, the EU's General Data Protection Regulation (GDPR) includes the "Right to be forgotten." This conflicts with the need to retain data for eDiscovery. Meeting this requirement while ensuring the retention of data can take much work. As you will see as you read this paper, while Microsoft Exchange Online Archiving (EOA) fails to ensure these conflicting requirements are met, ArcTitan's flexible design allows conflicting requirements to be adhered to.

Below are some of the laws and regulations that affect email archiving. This mosaic of regulations and laws underpins the need to archive emails in a way that allows eDiscovery but protects information, demonstrating the importance of a flexible design remit for email archiving.

General Data Protection Regulation (GDPR)

The GDPR includes specific requirements that impact the protection and restoration of personal data (including email-based data). These requirements come under the list of data subject rights and data protection. For example, personal data, including archived email-based personal data, must be secured and access controlled. In addition, article 32 of GDPR states that the organization must have the "ability to restore the availability and access to personal data promptly in the event of a physical or technical incident."

Locating and deleting a customer's data is a core tenet of GDPR, covered under the data subject right to be forgotten. Any customer or other personal data in an email must be easily and quickly searchable to enable this GDPR rule to be undertaken. Audited deletion is a crucial requirement of GDPR. Organizations must prove that all emails have been deleted when requested, for instance, during a Subject Access Request (SAR). Article 17 states:

"The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay(...).

Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA)

FINRA and SEC are the two central regulatory bodies for financial services in the USA. Both bodies require stringent email retention regulations. The requirements revolve around the security, integrity, and accessibility of financial information in emails sent and received by financial institutions and their associates.

SEC Rule 17a-4 requires financial services organizations to archive emails, and archived emails must be immediately accessible for two years and stored for at least six years.

In 2017, 12 companies, including Well-Fargo and RBC Capital Markets, were fined a combined $14.4 million by FINRA for ”significant deficiencies relating to the preservation of broker-dealer and customer records in a format that prevents alteration.”

Sarbanes–Oxley Act (SOX)

​​The Sarbanes–Oxley Act of 2002 is a United States federal law that mandates certain practices in financial record keeping and reporting for corporations.

Under SOX, organizations are required to establish and maintain internal controls and procedures for financial reporting. These controls extend to retaining and preserving records, including email communications and material to financial statements or audits. The Act emphasizes the importance of accurate and reliable record-keeping and mandates that these records be accessible for inspection by auditors and regulatory bodies.

To comply with SOX, organizations must implement measures to ensure the integrity, security, and accessibility of email data. This includes implementing email archiving solutions that capture, retain, and protect email communications in a tamper-proof manner.

Organizations must establish policies and procedures to maintain and manage email records, including defining retention periods, access controls, and audit trails.

Furthermore, SOX requires organizations to demonstrate the effectiveness of their internal controls and processes through regular audits. Auditors must be able to access and review relevant email records to examine financial reporting accuracy and compliance. Organizations should ensure that their email archiving solutions enable efficient search and retrieval of email data to facilitate audits and regulatory inquiries.

Health Insurance Portability and Accountability Act (HIPAA)

HIPAA applies across a broad range of organizations, including most healthcare providers and healthcare contractors. HIPAA has two core rules that apply to email-based data: the Security Rule and the Privacy Rule.

The HIPAA security rule requirements imply that an email archiving solution is needed. Covered organizations must securely back up exact copies of electronically protected health information (PHI), and this information must be able to "restore any loss of data." The retention period for emails is six years, and archived emails must be accessible for audit. Audit controls prevent inappropriate access, alteration, or deletion. The HIPAA Privacy Rule allows patients to request a copy of their PHI, which must be available within 30 days.

Further examples of email retention times (USA only)

Legislation
Industry
Email retention period

Legislation

Freedom of Information Act (FOIA)

Industry

Federal, state, and local government bodies

Email retention period

Three years

Legislation

Food and Drug Administration (FDA) Regulations

Industry

Pharmaceutical and food

Email retention period

Five to 35 years

Legislation

Payment Card Industry Data Security Standard (PCI DSS)

Industry

Credit cards and related processors

Email retention period

One year

Legislation

Federal Deposit Insurance Corporation (FDIC)

Industry

Banking

Email retention period

Five years

Legislation

Federal Communications Commission (FCC)

Industry

Telecoms

Email retention period

Two years

Legislation

Gramm-Leach-Bliley Act

Industry

Banks and Financial Institutions

Email retention period

Seven Years

Legislation

Internal Revenue Service (IRS) Regulations

Industry

All companies

Email retention period

Seven Years

5. Exchange Online Archiving (EOA) and its Limitations

Microsoft Exchange Online Archiving is a cloud-based email archiving solution that works directly from an Outlook client. The adoption of Microsoft 365 is buoyant, and when companies adopt one part of MS 365, they often opt to deploy other elements in the suite. Microsoft Exchange Online Archiving (EOA) is one such element. EOA is a Microsoft 365 cloud-based, enterprise-class archiving solution. Organizations with licensed Microsoft Exchange Server 2019, 2016, or 2013 or subscribe to specific Exchange Online or Microsoft 365 plans can license EOA. On the surface, it would make sense to license this in-built email archiving for Outlook 365. However, best practice email archiving that meets compliance and eDiscovery is rarely solved as a bolt-on solution. Companies that use EOA should be aware of some of the solutions' shortcomings.

Get started with TitanHQ's robust email arching solution.

General Limitations of EOA

The complex landscape of Microsoft Exchange Online Archiving licensing.

We regularly see full primary and archive mailboxes where auto-expansion is enabled and increasingly find that the busiest mailboxes fill the expanded online archive.

One of the complexities inherent in EOA is the licensing model. To utilize EOA online archiving, you must have the correct license. Email is archived in an archive mailbox known as an In-place Archive. One of the inherent problems with Exchange Online Archiving is understanding what license you should choose for your business needs. EAO is available for the following packages, although there are varying limitations within packages:

License Plan
User Archive Mailbox Limits

License Plan

Microsoft 365 Business Basic and Standard

User Archive Mailbox Limits

50GB

License Plan

Microsoft 365 Business Premium

User Archive Mailbox Limits

1.5TB

License Plan

Microsoft 365 Enterprise E3/E5

User Archive Mailbox Limits

1.5TB

License Plan

Office 365 Enterprise E1

User Archive Mailbox Limits

50GB

License Plan

Office 365 Enterprise E3/E5

User Archive Mailbox Limits

1.5TB

License Plan

Office 365 Enterprise F3

User Archive Mailbox Limits

Exchange Online Archiving add-on Required

License Plan

Exchange Online Plan 1

User Archive Mailbox Limits

50GB

License Plan

Exchange Online Plan 2

User Archive Mailbox Limits

1.5TB

License Plan

Exchange Online Kiosk

User Archive Mailbox Limits

Exchange Online Archiving add-on Required

Capability and Storage Limits

“One of the core issues of storage limitations in EOA means that when the archive storage limit is reached, archiving stops.” - TitanHQ.

Gapless and uninterrupted archiving is essential for many compliance scenarios, and limited archive storage can prohibit this. Exchange Online Archiving mailboxes are limited in size, and archiving stops once the limit is reached for a given mailbox. This can be mitigated using the Auto-expanding Archive feature to enable an archive mailbox to grow to 1.5TB. However, the auto-expanding archive has a maximum expansion rate of 1GB/day, preventing the mailbox from ever being delegated or restored.  

eDiscovery and User Control

“Archiving alone is insufficient to support a legal case; tamper evidence is essential, costly, and difficult to achieve in 365. For example, users can override default policy, and admin actions are not logged.” - TitanHQ

An essential element of eDiscovery to support legal actions is traceability and a robust audit trail. As noted in the analysis by TitanHQ, EOA allows an individual user to override default policy settings, causing issues in eDiscovery and questions around traceability and tamper-proofing of located evidence. The combination of a lack of traceability and eDiscovery, with the fact above that archiving stops when an archive storage limit is reached, can result in an information gap, which can be catastrophic for compliance and lead to adverse legal outcomes.

User Training

“Messages not in litigation hold can be edited or deleted from the archive by users or via the 365 portal or PowerShell by administrators.” - TitanHQ.

Users might change administrator-enabled policy settings because of a lack of understanding of the archive system unless significant effort is expended configuring and maintaining retention policies in 365. According to Microsoft, user training for the Microsoft EOA is essential, which recommends that companies “inform them (users) about the archive policies that will be applied to their mailbox and provide subsequent training or documentation to meet their needs.” 

By contrast, ArcTitan is intuitive and designed to suit compliance models with minimal configuration. This is achieved by journalling all mail and removing the user from the process.

What About Inactive Mailboxes?

Auto-Expanding Archive can never be disabled, and the mailbox cannot be restored or recovered if made inactive.

Email must be preserved to avoid exposing an organization to legal and financial risks that can lead to adverse legal judgments, sanctions, or fines. Microsoft EOA uses the concepts of "Litigation hold" and "In-place hold" for inactive mailboxes. A Litigation hold preserves all items in a mailbox, whereas an In-place hold is associated with search queries to determine the content to be preserved. However, some overriding issues cause issues for inactive mailboxes that can limit eDiscovery; this includes:

  • Inactive users must be licensed to retain access. The existing archive will persist, but new mail will not be archived unless the mailbox is licensed. 
  • Litigation Hold & Auto-Expanding Archive prohibit delegation of inactive mailboxes.
  • Messages not in Litigation hold can be edited or deleted from the archive by users or via the 365 portal or PowerShell by administrators unless retention policies are configured.

Exchange Online Archiving (EOA) Usability

To be effective and comprehensive, email archive search must be accessible and unified across Outlook and Web for all user types.” - TitanHQ.

Usability is an essential ingredient for any complex service, including email archiving. Usability typically revolves around accessibility and the user interface that controls policies, settings, and other configurations. Not surprisingly, the search capability of eDiscovery is where usability meets accessibility. Having an intuitive interface that allows complex and deep searches to take place using a unified interface is critical in accurately responding to legal challenges and providing evidence of compliance. There are four main places to search for emails in Microsoft 365:

  • Outlook Search
  • 365 Content Search
  • eDiscovery Standard
  • eDiscovery Premium

Each has limitations; for example, the standard search limitation includes a limit of 1000 items found across all user mailboxes that can be displayed. Any organization that wishes to avoid limitations must purchase a license that offers eDiscovery Premium, such as Microsoft 365 E5 or F5.

“The user experience is inferior. Users must click through several screens before being able to complete a search, and then the search itself takes at least 10 minutes; sometimes longer searches can take hours.” - TitanHQ analysis of EOA search experience.

The user interface for 365 eDiscovery adds complexity to email archive search. A different UI is used with each solution, and other indexing methods generate variable results. This lack of unification across systems results in further restrictions and a variance in scope. Unfortunately, the positive aspect of 365 eDiscovery, which offers rich features, is lost in the lack of intuitive search with an unfriendly UI and poor accessibility. In other words, EOA can provide a good eDiscovery service, but configuration and usability costs are intensive and time-consuming, and training needs are heavy.

Microsoft EOA and Compliance Limitations

TitanHQ evaluated Microsoft EOA based on our extensive knowledge of regulatory compliance requirements for email archiving. The results below demonstrate severe limitations when using EOA to comply with regulations:

The larger the organization, the bigger the hurdles

Limits on storage and search can cause considerable compliance headaches for enterprises. Limitations such as 50GB eDiscovery Result Limit and 10,000 mailbox eDiscovery Search Maximum mean that enterprises that may have tens of thousands of mailboxes will meet a barrier to compliance. The result is that the enterprise will be required to perform multiple, resource-hungry, and time-consuming searches.

Audit and Traceability

Poor auditing and traceability of administrator actions are areas that can cause compliance issues. Audit logs are turned off by default, so none of these actions would leave a trail:

  • Admin login
  • Disable Litigation Hold
  • Delete email
  • Enable Litigation Hold

Logs only generate alerts with additional configuration or the use of third-party tools.

In addition, audit logs are deleted after:

  • 90 days by default
  • one year for users assigned an E5 license
  • ten years for users with an “E5+10 Year Audit Add-on” (additional monthly cost)

Logs can be shipped to a 3rd party SIEM or compliance system, which is an additional cost.

GDPR and the Right to be Forgotten

The right to be forgotten is a complex requirement to meet. The EOA falls short of complying with this GDPR mandate as it states that “…in the context of deleting Customer Content in response to a DSR: if an item is hard deleted from a content location that is on hold, the item is not permanently removed from Office 365. That means an IT admin could conceivably recover it."

6. ArcTitan for Email Archiving

ArcTitan delivers cloud-based email archiving designed to provide lightning-fast storage backed by robust security. Its flexible design allows it to meet even complicated regulatory requirements, such as GDPR's right to be forgotten. ArcTitan integrates directly with Office365, automating email archiving and making the process simple and reliable. This 'set and forget' capability removes human error and makes regulatory compliance simple and reliable.

Some of the features of ArcTitan include:

Scalability and Performance

Unlike even the most costly EOA plans, ArcTitan has no limits on email storage. ArcTitan storage is elastic and grows with your email archive. The size of the archive is independent of performance. Emails are archived in real time and automatically sent to the archive. Data security is paramount; encryption is used during transit and at rest (storage). Duplicate content is removed, and emails are compressed to reduce storage space and improve search efficiency.

Usability and Accessibility

The ArcTitan archive is unified and accessible using almost any email client or a web-based interface. Access control is through an advanced delegation mechanism compatible with LDAP and Active Directory. Administrators can create a permission hierarchy for critical employees, reducing IT overhead.

Data Protection and Compliance

ArcTitan enforces data encryption (in transit and at rest) during transfer and storage. ArcTitan enforces robust authentication and access control to protect data and tamper-evident audit trails to identify any unauthorized alterations to archived emails. Automation inherent in ArcTitan helps create reliable archiving to ensure regulatory compliance. In addition, the powerful and fast search feature allows ArcTitan to swiftly accommodate requests for information for legal or compliance reasons. Also, a comprehensive audit trail delivers the documentation needed to demonstrate compliance.

Speed

ArcTitan automates archiving, and search is fast; emails can be retrieved instantly. ArcTitan load performance handles more than 200 emails from the email server per second. Searches can be combined and saved, and multiple searches can be performed simultaneously.

Cost-Effective

ArcTitan operates a flexible “pay as you go” email archiving model. Per live user subscription only with savings of up to 75% of email storage space.

Comparison
Exchange Online Archive
ArcTitan Archive

Comparison

Growth Limit

Exchange Online Archive

1GB/day/mailbox

ArcTitan Archive

Unlimited

Comparison

Storage Limit

Exchange Online Archive

100GB/mailbox (1.5TB with auto-expansion)

ArcTitan Archive

Unlimited

Comparison

Automatic Archiving

Exchange Online Archive

Default is content > 2 years old, can be configured

ArcTitan Archive

All sent and received mail

Comparison

Tamper Evidence

Exchange Online Archive

Archived items are editable and can be deleted by the user unless additional policies are configured.

ArcTitan Archive

No content is editable, and deletion requires authorization by a data guardian.

Comparison

Inactive User Licensing

Exchange Online Archive

Inactive users must be licensed to retain access to their mailboxes and continue archiving.

ArcTitan Archive

Mail is archived regardless of licensing, and inactive mailboxes are not charged for.

Comparison

Litigation Hold

Exchange Online Archive

A litigation hold can be enabled to prevent content deletion.

ArcTitan Archive

Litigation holds are only necessary to prohibit deletion by privileged users or by the retention policy.

Comparison

Search Performance

Exchange Online Archive

It took 20 minutes to find 2000 items from 10 mailboxes.

ArcTitan Archive

Extremely fast, under a second for the exact search on the same data.

Comparison

Search Limits

Exchange Online Archive

50GB, 10,000 mailboxes, five jobs

ArcTitan Archive

There are no search limits, and 50,000 item export limit (can be exceeded via support)

Comparison

Search UI

Exchange Online Archive

No preview, multi-window search parameters, cannot review results without export.

ArcTitan Archive

Instant preview, single pane UI, review, sort, and filter results before managing or exporting.

Comparison

GDPR DSR Compliance

Exchange Online Archive

Litigation hold must be disabled to ensure deletion, breaking the compliance model for 21 days.

ArcTitan Archive

Default settings enable DSR to be completed and logged without affecting the compliance model.

Comparison

Audit Logs

Exchange Online Archive

90-day default retention, limited actions logged. E5 required to improve.

ArcTitan Archive

All admin and privileged actions are logged automatically, and logs and transcripts are retained permanently.

ArcTitan vs EOA Costs

The cost differential between the two solutions is vast. Office 365 EOA costs cover requirements needed to meet compliance and legal including:

  • 365 E3/E5 Licences + Add-ons
  • Skills investment for admin and compliance staff
  • Days to weeks of configuration effort
  • Significant ongoing management costs
  • Lost productivity for slow eDiscovery and Export
  • Elevated risk of non-compliance
  • Backup costs

ArcTitan’s comprehensive, dedicated email archiving solution, which integrates directly with Office 365, starts from $4.59 per monthly user. Achieving the same functionality as ArcTitan would require a global uplift from E3 to E5 and a 10-year logging add-on for every admin and privileged user.

Want to know more about achieving comprehensive email archiving for compliance and legal? Contact TitanHQ for a demo of ArcTitan today.

Susan Morrow

Susan Morrow

  • EMAIL ARCHIVING

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