What Happens to Employees’ Professional Mailboxes After Their Departure?

When an employment contract ends, whether initiated by the employer or the employee, practical matters must be addressed. A frequently raised question is: what should be done with the professional mailbox of the departing employee? Recently, the Belgian Data Protection Authority (DPA) reviewed this issue and reaffirmed some critical guidelines.

The Case: A Mailbox That Remained Active for Months

In this specific situation, a former employee discovered that his professional email address was still active four months after his departure. He requested his former employer to deactivate the mailbox, but received no response. After another three months without any action, he sent a formal notice to the employer. When this too went unanswered, the ex-employee filed a complaint with the DPA.

The Employer’s Obligations

The DPA emphasized that employers are required to manage and deactivate the professional mailboxes of former employees in a timely and responsible manner. A mailbox may remain temporarily active after an employee’s departure, but only to ensure the continuity of business operations. During this period, it is permissible solely to set up an automatic reply notifying the sender of the employee’s departure.

The DPA has established the following guidelines:

• Standard Period: A professional mailbox should ideally be deactivated within one month of the termination of the employment contract.
• Exceptions: In specific cases, this period may be extended to a maximum of three months, for instance, when the employee held a position requiring a longer transition period. This is only allowed if the former employee agrees to the extension or is at least informed about it.

What Went Wrong Here?

In this case, the employer failed to deactivate the mailbox within the prescribed timeframe and did not implement the required measures. As a result, the DPA issued a warning and instructed the employer to provide evidence that the mailbox had been closed.

Key Takeaways for Employers

This decision serves as a reminder to employers that closing the professional mailbox of former employees is not a minor administrative task but a crucial obligation. The key points to remember are:

1. Deactivate the mailbox no later than one month after the termination of the employment contract.
2. During the transition period, set up an automatic reply and restrict further access to the mailbox.
3. If the mailbox needs to remain active for longer, ensure clear agreements with and communication to the former employee.

By addressing this issue promptly, you can avoid complaints and remain compliant with privacy regulations.