Operational Policy

Data Retention &
Deletion Policy

v1.0 — Effective 2025-01-01 GDPR Art. 5(1)(e) Contact: privacy@protected.is
SECTION 01

Purpose & Scope

This Policy sets out how long the Operator of the @protected.is domain retains different categories of personal and operational data, the legal basis for each retention period, and how data is deleted when retention periods expire or upon valid request.

This Policy applies to all data processed in connection with the @protected.is domain, including data received from or about Communicating Parties. It supplements the Privacy Notice and is required for compliance with GDPR Article 5(1)(e) (storage limitation principle) as implemented under Icelandic law.

Legal basis for retention generally: Data is retained only as long as necessary for the purpose for which it was collected, or as required by the legal obligations and legitimate interests described in this Policy — in particular, the Operator's right to enforce the Communications & Data Liability Agreement and Policy and to respond to regulatory and legal proceedings.

SECTION 02

Retention Schedule

Data CategoryExamplesRetention PeriodLegal Basis
Email Communications
General correspondence
Emails sent to/from @protected.is addresses 3 years
from date of communication
Legitimate interest — dispute resolution, Agreement enforcement
Incident Records
Breach evidence, demand letters
Data Breach Evidence Records, Unique Email Notices, demand letters, arbitration filings 5 years
from incident discovery, or until final legal resolution — whichever is later
Legitimate interest — legal proceedings; Legal obligation — statute of limitations
Unique Email Assignment Records Unique Email Acknowledgment Notices Duration of relationship + 5 years
from last contact with Communicating Party
Legitimate interest — proof of assignment for Agreement enforcement
Website Usage Data Server logs, access logs, diagnostic data from protected.is 90 days
rolling
Legitimate interest — security monitoring, abuse detection
Contact / Inquiry Data Emails sent to privacy@protected.is or other contact addresses 2 years
from date of inquiry
Legitimate interest — record of correspondence; Contract performance
Legal Hold Data Any data subject to active litigation, arbitration, or regulatory inquiry Indefinite
until legal hold is lifted
Legal obligation — evidence preservation duty
⚠ Important — Incident Records

Incident records are retained for 5 years regardless of whether a demand letter was sent or legal action was taken. The statute of limitations for contract claims in Illinois is 5 years for written contracts. Retaining records for this full period ensures the Operator can pursue claims up to the last possible moment.

SECTION 03

Deletion Procedures

When a retention period expires, data is deleted or anonymized within 30 days of the expiry date. Deletion means permanent removal from all active systems and backups where technically feasible. Where complete deletion is not technically feasible (e.g. encrypted backup archives), data is anonymized so that it can no longer be attributed to an individual.

SECTION 04

Your Rights (GDPR / Icelandic Law)

Communicating Parties whose data is processed by the Operator in connection with the @protected.is domain have the following rights under applicable law. These rights are subject to the limitations and exceptions described in the Privacy Notice Section 11 and applicable legal requirements.

Right of Access (Art. 15)

Request a copy of personal data the Operator holds about you and information about how it is processed.

Right to Rectification (Art. 16)

Request correction of inaccurate personal data held about you.

Right to Erasure (Art. 17)

Request deletion of your data where retention is no longer necessary, subject to legal hold and legitimate interest exceptions. Note: data retained for Agreement enforcement cannot be deleted while a claim is active or pending.

Right to Restriction (Art. 18)

Request restriction of processing in certain circumstances, e.g. while accuracy is contested.

Right to Object (Art. 21)

Object to processing based on legitimate interest. The Operator will assess and respond, but may maintain processing where overriding legitimate grounds exist — including Agreement enforcement.

Right to Portability (Art. 20)

Request a structured, machine-readable copy of data provided by you and processed on the basis of consent or contract performance.

To exercise any of these rights, contact privacy@protected.is. The Operator will respond within 30 days. Identity verification may be required before processing requests. If you are unsatisfied with the response, you have the right to lodge a complaint with the Icelandic Data Protection Authority (Persónuvernd) at personuvernd.is.

SECTION 05

Interaction with Agreement Enforcement

The right to erasure under GDPR Article 17 does not override the Operator's legitimate interest in retaining data for the purpose of enforcing the Communications & Data Liability Agreement and Policy. Specifically:

⚠ Erasure Requests During Active Disputes

A deletion request submitted by a Communicating Party after or during a Security Incident investigation will be treated as a potential attempt to interfere with evidence and will be logged. The request will be refused on the basis of GDPR Article 17(3)(b) (legal claims) and Article 17(3)(e) (legal obligations). The request itself will be retained as part of the incident record.

SECTION 06

Policy Review & Governing Law

This Policy is reviewed annually and updated as needed. The current version is always available at protected.is/retention/. Material changes will be reflected in an updated version number and effective date.

Governing Law: This Policy is governed by the dual-jurisdiction framework of the Communications & Data Liability Agreement and Policy — Illinois law for US parties, Icelandic law and GDPR for EEA parties. Data protection inquiries: privacy@protected.is · Regulatory authority: Persónuvernd (personuvernd.is)