A Northern Ireland limited company must keep its company and accounting records for six years from the end of the financial year they relate to, and VAT records for at least six years; a sole trader or partner keeps tax records for at least five years after the 31 January filing deadline 1Source 1Running a limited company: company and accounting records — GOV.UK.www.gov.uk/running-a-limited-company/company-and-accounting-recordsSee in Sources2Source 2Business records if you're self-employed: how long to keep your records — GOV.UK.www.gov.uk/self-employed-records/how-long-to-keep-your-recordsSee in Sources3Source 3Charge, reclaim and record VAT: keeping VAT records — GOV.UK.www.gov.uk/charge-reclaim-record-vat/keeping-vat-recordsSee in Sources. Payroll records must be kept for three years from the end of the tax year, and minimum wage records for six 4Source 4PAYE and payroll for employers: keeping records — GOV.UK.www.gov.uk/paye-for-employers/keeping-recordsSee in Sources5Source 5National Minimum Wage Manual NMWM12040: records to be kept — HM Revenue & Customs, updated 28 September 2026.www.gov.uk/hmrc-internal-manuals/national-minimum-wage-manual/nmwm12040See in Sources. Northern Ireland's own employment law adds its periods: working-time records for two years and fair employment monitoring records for three years from the application 6Source 6The Working Time Regulations (Northern Ireland) 2016, regulation 11 — legislation.gov.uk.www.legislation.gov.uk/nisr/2016/49/regulation/11See in Sources7Source 7The Fair Employment (Monitoring) Regulations (Northern Ireland) 1999, regulation 18 — legislation.gov.uk.www.legislation.gov.uk/nisr/1999/148/regulation/18See in Sources. Emails are records like any other, so an email that evidences a contract, an invoice or an employment decision is subject to the same periods. UK GDPR then sets the ceiling: personal data must not be kept longer than necessary, and you need a written retention schedule to show why you keep what you keep 8Source 8A guide to the data protection principles: storage limitation — Information Commissioner's Office.ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/storage-limitation/See in Sources.
The short version
- Six years is the working rule for anything financial or contractual: it matches HMRC's requirement for companies and the six-year limit for contract claims in Northern Ireland 1Source 1Running a limited company: company and accounting records — GOV.UK.www.gov.uk/running-a-limited-company/company-and-accounting-recordsSee in Sources9Source 9The Limitation (Northern Ireland) Order 1989, article 4 — legislation.gov.uk.www.legislation.gov.uk/nisi/1989/1339/article/4See in Sources.
- Employment records have their own periods, several set by Northern Ireland law rather than Great Britain's 6Source 6The Working Time Regulations (Northern Ireland) 2016, regulation 11 — legislation.gov.uk.www.legislation.gov.uk/nisr/2016/49/regulation/11See in Sources7Source 7The Fair Employment (Monitoring) Regulations (Northern Ireland) 1999, regulation 18 — legislation.gov.uk.www.legislation.gov.uk/nisr/1999/148/regulation/18See in Sources.
- UK GDPR doesn't set periods; it requires you to decide, document and apply them 8Source 8A guide to the data protection principles: storage limitation — Information Commissioner's Office.ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/storage-limitation/See in Sources.
- Microsoft 365 is not a records system by default: deleted email is gone after 14 to 30 days and a leaver's mailbox after 30, unless retention policies or a backup keep it 10Source 10Recoverable Items folder in Exchange Online — Microsoft Learn, 25 September 2026.learn.microsoft.com/en-us/exchange/security-and-compliance/recoverable-items-folder/recoverable-items-folderSee in Sources11Source 11Delete a user from your organization — Microsoft Learn, updated 30 October 2026.learn.microsoft.com/en-us/microsoft-365/admin/add-users/delete-a-userSee in Sources.
How long must a business keep its records?
| Record | Keep for | Set by |
|---|---|---|
| Company and accounting records (limited company) | 6 years from the end of the financial year, longer if a transaction spans periods or a return is late or under enquiry | HMRC 1Source 1Running a limited company: company and accounting records — GOV.UK.www.gov.uk/running-a-limited-company/company-and-accounting-recordsSee in Sources; the Companies Act itself says 3 years for a private company, but HMRC's rule governs in practice 12Source 12Companies Act 2006, section 388: where and for how long records to be kept — legislation.gov.uk.www.legislation.gov.uk/ukpga/2006/46/section/388See in Sources |
| Self-employed and partnership tax records | At least 5 years after the 31 January submission deadline of the tax year | HMRC 2Source 2Business records if you're self-employed: how long to keep your records — GOV.UK.www.gov.uk/self-employed-records/how-long-to-keep-your-recordsSee in Sources |
| VAT records | At least 6 years | HMRC 3Source 3Charge, reclaim and record VAT: keeping VAT records — GOV.UK.www.gov.uk/charge-reclaim-record-vat/keeping-vat-recordsSee in Sources |
| PAYE and payroll records | 3 years from the end of the tax year they relate to | HMRC 4Source 4PAYE and payroll for employers: keeping records — GOV.UK.www.gov.uk/paye-for-employers/keeping-recordsSee in Sources |
| National Minimum Wage records | 6 years from the end of the following pay reference period (records from 1 April 2021) | HMRC 5Source 5National Minimum Wage Manual NMWM12040: records to be kept — HM Revenue & Customs, updated 28 September 2026.www.gov.uk/hmrc-internal-manuals/national-minimum-wage-manual/nmwm12040See in Sources |
| Working-time records (opt-outs, hours) | 2 years from the date they were made | Working Time Regulations (Northern Ireland) 2016 6Source 6The Working Time Regulations (Northern Ireland) 2016, regulation 11 — legislation.gov.uk.www.legislation.gov.uk/nisr/2016/49/regulation/11See in Sources |
| Fair employment monitoring: job applicants | 3 years from the date of the application | Fair Employment (Monitoring) Regulations (Northern Ireland) 1999 7Source 7The Fair Employment (Monitoring) Regulations (Northern Ireland) 1999, regulation 18 — legislation.gov.uk.www.legislation.gov.uk/nisr/1999/148/regulation/18See in Sources |
| Accident and injury records | At least 3 years from the date of the entry | RIDDOR (Northern Ireland) 1997 13Source 13The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997, regulation 7 — legislation.gov.uk.www.legislation.gov.uk/nisr/1997/455/regulation/7See in Sources |
| Contracts, invoices, correspondence and the emails behind them | 6 years after the contract ends is the common choice | Limitation (Northern Ireland) Order 1989: contract claims can be brought up to 6 years after the cause of action 9Source 9The Limitation (Northern Ireland) Order 1989, article 4 — legislation.gov.uk.www.legislation.gov.uk/nisi/1989/1339/article/4See in Sources |
| Personal data generally | No longer than necessary for the purpose, under a documented retention schedule | UK GDPR, Article 5(1)(e); ICO guidance 8Source 8A guide to the data protection principles: storage limitation — Information Commissioner's Office.ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/storage-limitation/See in Sources |
The penalties are real. HMRC can fine a company up to £3,000 for failing to keep adequate records, and directors can be disqualified; incomplete PAYE records carry a penalty of up to £3,000 too 1Source 1Running a limited company: company and accounting records — GOV.UK.www.gov.uk/running-a-limited-company/company-and-accounting-recordsSee in Sources4Source 4PAYE and payroll for employers: keeping records — GOV.UK.www.gov.uk/paye-for-employers/keeping-recordsSee in Sources. Some periods run longer than this table: health surveillance records under COSHH and asbestos rules, for example, are kept for decades, and pension records for the life of the scheme. Check the sector rules that apply to you.
Are emails business records?
Yes, when they carry the information the law requires you to keep. An email that confirms an order, approves an invoice, agrees a variation to a contract, records a disciplinary decision or reports an accident is the record of that event, and the retention period follows the content, not the format. The practical consequence is that "we keep email for a year" is not a policy a business can defend if its contracts run for six. The reverse is also true: a mailbox that keeps everything for ever holds personal data far beyond what UK GDPR allows, because the storage limitation principle requires personal data to be kept in a form that identifies people "for no longer than is necessary" 8Source 8A guide to the data protection principles: storage limitation — Information Commissioner's Office.ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/storage-limitation/See in Sources.
What does UK GDPR require you to decide?
The ICO is clear that the UK GDPR does not set specific time limits for different types of data; instead, organisations need to establish and document standard retention periods for different categories of information, and be able to justify them 8Source 8A guide to the data protection principles: storage limitation — Information Commissioner's Office.ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/storage-limitation/See in Sources. A retention schedule does that in one page: each record type, how long you keep it, why (the statutory period or the limitation period), and what happens at the end (deletion or anonymisation). The ICO notes its guidance is under review following the Data (Use and Access) Act, so keep an eye on updates, but the principle hasn't changed 8Source 8A guide to the data protection principles: storage limitation — Information Commissioner's Office.ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/storage-limitation/See in Sources.
Why do most businesses choose six years?
Because two rules point to it. HMRC requires companies to keep records for six years 1Source 1Running a limited company: company and accounting records — GOV.UK.www.gov.uk/running-a-limited-company/company-and-accounting-recordsSee in Sources, and in Northern Ireland a claim founded on simple contract may not be brought after six years from the date the cause of action accrued 9Source 9The Limitation (Northern Ireland) Order 1989, article 4 — legislation.gov.uk.www.legislation.gov.uk/nisi/1989/1339/article/4See in Sources. Keeping the contract, the invoices and the emails that evidence them for six years after the relationship ends means the records exist for as long as anyone could sue on them. Keeping them for twenty is a cost and a data-protection liability.
What does "deleted" mean in Microsoft 365?
| What was deleted | Kept for | Then |
|---|---|---|
| An email, from the Deleted Items folder | 14 days by default; an administrator can extend it to a maximum of 30 10Source 10Recoverable Items folder in Exchange Online — Microsoft Learn, 25 September 2026.learn.microsoft.com/en-us/exchange/security-and-compliance/recoverable-items-folder/recoverable-items-folderSee in Sources | Permanently removed, unless a retention policy or hold applies |
| A user account (a leaver) | 30 days to restore the account and its mailbox 11Source 11Delete a user from your organization — Microsoft Learn, updated 30 October 2026.learn.microsoft.com/en-us/microsoft-365/admin/add-users/delete-a-userSee in Sources | The mailbox and its email are permanently deleted |
| A leaver's OneDrive files | 30 days by default, then 93 days in the site collection recycle bin 11Source 11Delete a user from your organization — Microsoft Learn, updated 30 October 2026.learn.microsoft.com/en-us/microsoft-365/admin/add-users/delete-a-userSee in Sources | Permanently removed |
| A file in SharePoint or OneDrive | 93 days across the first- and second-stage recycle bins 14Source 14Learn about retention for SharePoint and OneDrive — Microsoft Learn, updated 25 June 2026.learn.microsoft.com/en-us/purview/retention-policies-sharepointSee in Sources | Permanently removed, unless retained |
| Anything covered by a retention policy | For the period the policy sets; edited or deleted content is copied to a hidden Preservation Hold library 14Source 14Learn about retention for SharePoint and OneDrive — Microsoft Learn, updated 25 June 2026.learn.microsoft.com/en-us/purview/retention-policies-sharepointSee in Sources | Deleted at the end of the period if the policy says so |
Retention policies are the tool that turns Microsoft 365 into something that meets the table above: they keep content for a set period even if a user deletes it, and can delete it automatically at the end. Licensing matters here. Microsoft's service description lists Microsoft 365 Business Premium, and the Enterprise E3 and E5 plans, as the licences that provide organisation-wide retention policies for Exchange, SharePoint and OneDrive; Business Basic and Business Standard are listed only for Teams chat and channel retention 15Source 15Microsoft Purview service description: licensing for retention policies — Microsoft Learn, 29 October 2026.learn.microsoft.com/en-us/office365/servicedescriptions/microsoft-365-service-descriptions/microsoft-365-tenantlevel-services-licensing-guidance/microsoft-purview-service-descriptionSee in Sources. A business on Basic or Standard that needs a six-year email retention rule will need to upgrade, add Exchange Online Archiving, or rely on a separate backup.
Retention and backup solve different problems. Retention keeps a copy inside your tenant for compliance; a backup keeps a copy outside it that a compromised administrator can't delete. Our guide to backing up Microsoft 365 explains why you need both, and our guide to Microsoft 365 Business Premium covers what the licence includes.
What should a small business actually do?
- 1.Write a one-page retention schedule from the table above, adding any sector rules, and have a director sign it off.
- 2.Apply it in Microsoft 365: a retention policy on mailboxes and SharePoint for the longest period you need, and a shorter one for personal data you have no reason to keep.
- 3.Decide what happens to a leaver's mailbox before they leave: convert it to a shared mailbox or export it, because the account is gone 30 days after deletion 11Source 11Delete a user from your organization — Microsoft Learn, updated 30 October 2026.learn.microsoft.com/en-us/microsoft-365/admin/add-users/delete-a-userSee in Sources.
- 4.Keep a backup outside the tenant for the same periods, and test that you can restore a mailbox from three years ago.
- 5.Review the schedule once a year, and when the ICO updates its guidance.
How does BTNI help?
This is not legal advice; your accountant and solicitor confirm the periods that apply to you. What BTNI does is make the schedule real: retention policies configured in Microsoft 365, leavers handled to a checklist, and Backup & Disaster Recovery that keeps a restorable copy for as long as the schedule says. A free Business Technology Review checks what your tenant currently keeps, which is usually less than people assume.
Sources
- 1.Running a limited company: company and accounting records — GOV.UK.↩https://www.gov.uk/running-a-limited-company/company-and-accounting-records — accessed 3 November 2026
- 2.Business records if you're self-employed: how long to keep your records — GOV.UK.↩https://www.gov.uk/self-employed-records/how-long-to-keep-your-records — accessed 3 November 2026
- 3.Charge, reclaim and record VAT: keeping VAT records — GOV.UK.↩https://www.gov.uk/charge-reclaim-record-vat/keeping-vat-records — accessed 3 November 2026
- 4.PAYE and payroll for employers: keeping records — GOV.UK.↩https://www.gov.uk/paye-for-employers/keeping-records — accessed 3 November 2026
- 5.National Minimum Wage Manual NMWM12040: records to be kept — HM Revenue & Customs, updated 28 September 2026.↩https://www.gov.uk/hmrc-internal-manuals/national-minimum-wage-manual/nmwm12040 — accessed 3 November 2026
- 6.The Working Time Regulations (Northern Ireland) 2016, regulation 11 — legislation.gov.uk.↩https://www.legislation.gov.uk/nisr/2016/49/regulation/11 — accessed 3 November 2026
- 7.The Fair Employment (Monitoring) Regulations (Northern Ireland) 1999, regulation 18 — legislation.gov.uk.↩https://www.legislation.gov.uk/nisr/1999/148/regulation/18 — accessed 3 November 2026
- 8.A guide to the data protection principles: storage limitation — Information Commissioner's Office.↩https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/storage-limitation/ — accessed 3 November 2026
- 9.The Limitation (Northern Ireland) Order 1989, article 4 — legislation.gov.uk.↩https://www.legislation.gov.uk/nisi/1989/1339/article/4 — accessed 3 November 2026
- 10.Recoverable Items folder in Exchange Online — Microsoft Learn, 25 September 2026.↩https://learn.microsoft.com/en-us/exchange/security-and-compliance/recoverable-items-folder/recoverable-items-folder — accessed 3 November 2026
- 11.Delete a user from your organization — Microsoft Learn, updated 30 October 2026.↩https://learn.microsoft.com/en-us/microsoft-365/admin/add-users/delete-a-user — accessed 3 November 2026
- 12.Companies Act 2006, section 388: where and for how long records to be kept — legislation.gov.uk.↩https://www.legislation.gov.uk/ukpga/2006/46/section/388 — accessed 3 November 2026
- 13.The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997, regulation 7 — legislation.gov.uk.↩https://www.legislation.gov.uk/nisr/1997/455/regulation/7 — accessed 3 November 2026
- 14.Learn about retention for SharePoint and OneDrive — Microsoft Learn, updated 25 June 2026.↩https://learn.microsoft.com/en-us/purview/retention-policies-sharepoint — accessed 3 November 2026
- 15.Microsoft Purview service description: licensing for retention policies — Microsoft Learn, 29 October 2026.↩https://learn.microsoft.com/en-us/office365/servicedescriptions/microsoft-365-service-descriptions/microsoft-365-tenantlevel-services-licensing-guidance/microsoft-purview-service-description — accessed 3 November 2026
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