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Why are emails bcc'd, and what is a better solution for managing bcc'd emails for legal reasons?

Summary

BCC is used for privacy, preventing 'reply-all' storms, and archiving for legal compliance, though manual use poses challenges. GDPR and similar regulations necessitate consent, which BCC hinders. While automated solutions like Microsoft Exchange transport rules and Google Workspace data retention policies exist, dedicated email archiving solutions (Varonis, Proofpoint, Barracuda) offer secure storage, advanced search, and compliance features (HIPAA, SOX, GDPR). Experts recommend alternatives to BCC like setting up dedicated machines, using ESPs/CRMs with consent management, mailing list managers (instead of BCC for bulk sends), or mail merge for personalized emails. The key is to prioritize data handling transparency, consent, security (addressing security risks of compromised systems), and consider the ethical implications of BCC.

Key findings

  • BCC Primary Uses: Privacy, preventing reply-all, legal archiving.
  • GDPR Concerns: Inhibits obtaining consent and transparency.
  • Automated Solutions: Exchange transport rules and Google Workspace retention automate archiving.
  • Dedicated Archiving: Offers secure storage, advanced search, and compliance features.
  • Alternative Solutions: Setting up dedicated servers, ESPs/CRMs with consent, Mailing list management, and Mail Merge
  • Security Risks: BCC exposes emails if a recipient's email system is compromised.

Key considerations

  • Data Transparency: Prioritize transparent data handling and obtain consent.
  • Consent Management: Implement robust consent management practices with ESPs/CRMs.
  • Security: Secure archived data and implement access controls.
  • Legal Requirements: Align solutions with relevant legal and regulatory requirements.
  • Evaluate Alternatives: Choose the most suitable alternative based on needs: dedicated solutions, ESPs, mailing list managers, or mail merge.

What email marketers say

9 marketer opinions

Emails are BCC'd primarily for privacy, preventing 'reply all' issues, and for legal compliance archiving. However, BCC usage can create GDPR compliance concerns due to lack of consent and transparency. Better solutions involve using CRMs with email integration for archiving, mailing list managers for bulk emails, mail merge for personalized messages, or dedicated email archiving solutions for legal compliance.

Key opinions

  • BCC Reasons: BCC is used for privacy, preventing 'reply all' storms, and archiving legal communications.
  • GDPR Concerns: BCC usage may violate GDPR if recipients aren't informed or consent isn't obtained.
  • CRM Archiving: CRMs with email integration offer automated email logging and archiving.
  • Mailing List Managers: Mailing list managers are recommended for bulk emails instead of BCC, alongside dedicated archiving.
  • Mail Merge: Mail merge is a good solution for personalised messages to many individuals instead of BCC.

Key considerations

  • Consent: Ensure recipients consent is given and can be withdrawn
  • Data Handling: Transparent data handling and archiving practices should be adopted to avoid GDPR compliance issues.
  • Archiving: For legal archiving, consider dedicated email archiving solutions.
  • Bulk Email: Use mailing list managers or ESPs instead of BCC for bulk email sending.
  • Personalization: Use mail merge for sending personalized emails instead of BCC.

Marketer view

Email marketer from Reddit suggests using a CRM system with email integration to automatically log and archive email communications. This provides a centralized repository for all email correspondence, making it easier to retrieve and manage records for legal purposes.

5 Oct 2024 - Reddit

Marketer view

Email marketer from Gmass suggests using mail merge for sending personalized emails to multiple recipients, which avoids the privacy and deliverability issues associated with BCC. For archiving, implementing a dedicated email archiving system is recommended.

22 Jan 2025 - Gmass

What the experts say

3 expert opinions

Experts suggest various alternatives to BCC for managing emails, especially for legal reasons. These include setting up a dedicated machine for handling BCC'd emails, using dedicated archiving solutions (separate mailbox or third-party service), and leveraging ESPs or CRMs with consent management for compliance with data privacy regulations like GDPR and CAN-SPAM. Concerns around security risks and the lack of transparency associated with BCC are also highlighted.

Key opinions

  • Dedicated Machine: Setting up a dedicated machine (e.g., bcc.domain.com) can resolve storage and access issues for BCC'd emails.
  • Security Risks: BCC usage can lead to security issues if the recipient's email system is compromised.
  • Transparency Issues: BCC hides the fact that the email is being archived from the recipient, posing ethical and sometimes legal issues.
  • Archiving Solutions: Dedicated archiving solutions (separate mailbox or third-party service) are recommended for legal needs.
  • ESPs/CRMs: Using ESPs or CRMs with proper consent management is suggested for marketing communications instead of BCC.
  • Compliance: Proper tooling ensures compliance with data privacy regulations like GDPR and CAN-SPAM.

Key considerations

  • Security: Implement security measures to protect BCC'd emails, especially if using a dedicated machine.
  • Transparency: Consider the ethical and legal implications of BCC and explore more transparent alternatives.
  • Legal Requirements: Ensure any archiving solution meets legal and regulatory requirements, including data retention policies.
  • Consent: Obtain consent from recipients for data processing and archiving, especially for marketing communications.
  • Consent Management: Implement robust consent management practices when using ESPs or CRMs.

Expert view

Expert from Email Geeks suggests setting up a dedicated machine, like bcc.domain.com, to handle the bcc'd emails. This ensures only the company sees the emails, resolving potential storage and access issues. Recommends restricting the MX to only accept connections from outgoing IPs for security.

23 Feb 2022 - Email Geeks

Expert view

Expert from Spamresource.com suggests using a dedicated email service provider (ESP) or CRM with proper consent management for marketing communications, instead of BCC. These platforms offer features that ensure compliance with data privacy regulations, such as GDPR and CAN-SPAM.

7 Mar 2022 - Spamresource.com

What the documentation says

6 technical articles

Documentation explains that BCC is used to hide recipient identities. However, automated solutions are now available for legal and compliance needs. Microsoft Exchange offers transport rules for automatic BCC, while Google Workspace provides data retention policies. Dedicated email archiving solutions from Varonis, Proofpoint, and Barracuda offer features like secure storage, advanced search, eDiscovery, legal hold, audit trails, encryption, and access controls to meet regulatory requirements like HIPAA, SOX, and GDPR.

Key findings

  • BCC Purpose: BCC hides recipient identities from other recipients.
  • Exchange Transport Rules: Microsoft Exchange allows configuring transport rules for automatic BCC based on specified conditions.
  • Google Workspace Retention: Google Workspace offers data retention policies for automatic archiving.
  • Archiving Solutions: Dedicated email archiving solutions (Varonis, Proofpoint, Barracuda) provide comprehensive features for compliance.
  • Regulatory Compliance: Archiving solutions help meet regulatory requirements (HIPAA, SOX, GDPR).

Key considerations

  • Automated Archiving: Consider using automated solutions instead of manual BCC for archiving.
  • Feature Set: Evaluate the features of different archiving solutions (secure storage, search, eDiscovery, legal hold, audit trails, encryption).
  • Regulatory Needs: Choose an archiving solution that meets specific regulatory requirements.
  • Data Retention: Define and implement data retention policies that align with legal and business needs.
  • Access Controls: Implement access controls to ensure only authorized personnel can access archived emails.

Technical article

Documentation from Barracuda responds by detailing how email archiving solutions help businesses meet regulatory requirements, such as HIPAA, SOX, and GDPR, by securely storing and managing email communications. It emphasizes features like encryption, access controls, and audit logs.

27 Dec 2023 - Barracuda

Technical article

Documentation from RFC 5322 explains that the 'Bcc' field contains addresses of recipients whose identities are not to be revealed to other recipients of the message. During delivery, the 'Bcc' field is removed from the message, ensuring those recipients are not disclosed.

3 Sep 2024 - RFC Editor

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