Which email achiving compliance laws are in effect in the U.S.?

When it comes to your private emails, you can decide for yourself whether to keep or delete them. But if you operate a business - particularly in a regulated industry - email archiving compliance laws in the U.S. may require you to retain certain messages. In this article, we’ll explain the essentials of email archiving, clarify the legal framework, and walk you through best practices to ensure compliance.

What is email archiving?

Simply put, email archiving refers to the systematic storage of all incoming and outgoing email messages, along with their metadata and attachments, in a secure and searchable format. Unlike regular backups, archiving focuses on long-term preservation and retrieval, especially for legal and compliance purposes.

While adhering to email archiving requirements is a strong motivator, archiving also brings practical benefits:

• Reduces storage load on primary email servers, enhancing performance.
• Provides protection in legal disputes, regulatory audits, or internal investigations.
• Enables fast retrieval of accidentally deleted or lost emails.
• Supports disaster recovery and continuity planning.

Who do the email archiving requirements apply to and why?

Not all businesses are legally required to archive emails. However, many are subject to email archiving compliance laws due to the nature of their industry or size. Sectors such as finance, healthcare, education, legal services, and public companies are typically regulated at the federal and/or state level.

Some small businesses or sole proprietors may be exempt—unless they fall under specific industry regulations. Generally, it is the responsibility of company management or designated compliance officers to ensure proper archiving practices are followed. Failure to comply can result in fines, court sanctions, or regulatory penalties.

Overview of key U.S. email archiving compliance laws

Several federal acts and rules form the legal foundation for email archiving in the US:

The Securities Exchange Act of 1934

The 1934 Act (SEC.gov)

• Applies to financial institutions and publicly traded companies.
• Requires the retention of records (including emails) related to securities transactions for a minimum of six years.
• The SEC has the authority to impose fines for non-compliance, as demonstrated in notable enforcement actions.

The Commodity Futures Trading Commission (CFTC) Regulations

The Commodity Exchange Act & Regulations

• Apply to futures commission merchants, brokers, and traders.
• Require five years of retention for transaction records, including electronic communications like emails (since a 1999 amendment).
• Failure to comply can result in significant penalties, with the CFTC recovering billions in fines over the past two decades.

The Sarbanes-Oxley Act of 2002 (SOX)

The Sarbanes-Oxley Act of 2002

• Applies to all publicly held companies and accounting firms.
• Mandates that audit records, including related emails, be retained for at least five years.
• Violations can result in criminal charges, including imprisonment.

The Federal Rules of Civil Procedure (FRCP)

The Federal Rules of Civil Procedure

• Govern the handling of evidence in US civil lawsuits.
• Since 2006, Rule 37(e) requires that electronically stored information (ESI)—including emails—be preserved if relevant to current or anticipated litigation.
• Courts may issue sanctions or adverse rulings for failing to produce or preserve emails.

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State-level regulations and IRS rules

In addition to federal laws, individual state laws may require businesses to retain emails and other records for tax or legal purposes. For example:

• California requires data to be retained for at least four years.
• Most state revenue agencies require at least three years of retention.
• The IRS recommends keeping business records for up to seven years, depending on the nature of the record.

State-level data privacy laws, such as the California Consumer Privacy Act (CCPA) and CPRA, may also affect email archiving by requiring transparent data handling practices and minimization of retention duration.

How to ensure correct email archiving compliance

Meeting email archiving requirements goes beyond simply storing emails. You must also be able to:

• Prove where the data is stored.
• Describe the technology used to archive emails.
• Document the archiving schedule and retention period.
• Show how emails are retrieved and what formats are available.
• Demonstrate your ability to produce emails promptly when requested by auditors or legal counsel.

In short: email archiving must be organized, secure, and verifiable. Once you’ve selected a method for achiving your emails, formalize your approach with a clear email archiving policy. Key elements should include:

• Purpose and importance of email archiving
• Where and how emails are archived
• Retention period for different types of messages
• Responsibilities and points of contact
• Instructions on what should be retained vs. deleted

This ensures consistent compliance across teams and prepares your organization in case of audit or litigation.

Please note the legal disclaimer for this article.