Data return versus destruction attestation

Overview

Contracts specify whether client receives backup exports or certified destruction. Ambiguity breeds lawsuits.

Data return

Encrypted media or secure file transfer; manifest listing datasets; chain of custody form; time limit to download before delete.

Destruction

NAID vendor certificate of destruction for drives you hosted; logical wipe + cloud bucket emptied logging screenshots dated.

Subprocessors

Confirm your vendors (backup/SOC) also destroy or return per flow-down clause—you cannot sign what suppliers won’t match.

Email handling

Export PST vs journal debate again—scope narrowly to MSPs own tenant data, not entire Microsoft 365—that remains client’s tenant.

Retention exceptions

Litigation hold or tax retention may block destruction—legal review before dd commands.

Final letter

One-page attestation signed officer template attached to closing ticket.

MSP copy

Keep minimal proof pack internally—NOT full client IP hoard unless contract oddly requires—which is rare and risky.