skip to main content
Opens in a new window Opens an external site Opens an external site in a new tab
When autocomplete results are available use up and down arrows to review and enter to select.
Regrave LLP Logo
  • Subscribe
  • Join Redgrave LLP on LinkedIn
  • Open search
  • Our Practice
    • Areas of Focus
    • Litigation & Investigations
    • Discovery Counsel
    • Second Requests
    • Review & Analytics
    • Information Governance
    • Data Privacy & Cybersecurity
    • Legal 365 for Microsoft 365
    • Special Services
    • About Redgrave
    • The Redgrave Difference
    • Inclusivity & Culture
  • Professionals
    • Attorneys
    • Advisors
    • Management
  • Experience
    • Client Work & Experience
    • Awards & Recognition
  • Insights & News
    • Events
    • Insights
    • News
  • Careers
    • Join Redgrave
    • What We Offer
    • What We Are Looking For
    • Current Opportunities
  • Contact
Home | Insights | Unlicensed OneDrive Accounts Face Deletion Despite Retention Policies and eDiscovery Holds
Legal 365 Snapshot

Unlicensed OneDrive Accounts Face Deletion Despite Retention Policies and eDiscovery Holds

September 2026

Preservation now depends on payment, not just policy.

Microsoft has announced (MC1381110), a new rule for OneDrive accounts that no longer have a license.  Starting as of July 1, 2026, if an unlicensed OneDrive account goes unpaid for a total of 365 days, Microsoft can delete it, even if a retention policy or legal hold is in place.  An account is protected only if it has a license or the organization pays to store it through Microsoft’s billing option for unlicensed accounts.  The rule does not apply to education or government (GCC and DoD) tenants.

The start date depends on when the account lost its license.  For accounts that were already unlicensed and unpaid on July 1, 2026, counting began that day, so the earliest possible deletion date is July 1, 2027.  For accounts that lose their license after that, counting begins the day the license is removed or the user’s account is deleted.  Microsoft’s timeline also shows these accounts drop out of eDiscovery at Day 275, about three months before deletion.

Microsoft’s guidance is direct: If billing is not turned on and the account stays unpaid, organizations should not rely on retention or legal hold settings alone to preserve the content.  Once a OneDrive account is deleted, its content can no longer be accessed.  That raises real preservation questions, and legal, compliance, and IT teams should address them now.

Now is a good moment to:

  • Find your unlicensed accounts.  The OneDrive accounts report in the SharePoint admin center lists them and shows which are on hold or under a retention policy.
  • Match them to your legal holds.  Flag any that belong to custodians in active matters.
  • Decide what to keep, and how.  Options include assigning a license, turning on Microsoft’s billing for unlicensed accounts, or moving the content to a licensed location.  Once billing is on, storage charges apply to all archived unlicensed accounts in the tenant.
  • Act before Day 275 (when the account will drop out of eDiscovery), not Day 365.  Collect or move held content while it can still be searched in eDiscovery.
  • Update offboarding and hold procedures.  Make the 365-day limit part of how you handle departing employees and legal holds.

A hold only protects data that someone is paying to store.

Read Microsoft’s guidance on managing unlicensed OneDrive user accounts here.

About Legal 365 Snapshots

Redgrave’s Legal 365 Snapshots provide timely thought leadership and practical insights, which highlight the importance of a combination of deep technical and legal insight when managing Microsoft 365 environments.  Learn more about our Legal 365 for Microsoft 365 services, which help organizations confidently navigate complex M365 governance challenges with defensible, efficient, and legally sound strategies, here.


Related people

  • Kaliner Staci

    Staci D. Kaliner

    Managing Director
    P.202.773.0636 Email
  • John P. Collins

    Managing Director
    P.773.848.1508 Email
  • Martin Tully

    Martin T. Tully

    Partner
    P.773.782.0352 Email
Explore Our Team

Areas of Focus

  • Legal 365 for Microsoft 365

Explore our practice

Related Insights & News

  • Speaking Engagement

    John Collins Speaks at the National eDiscovery Leadership Institute (NeLI) on “The Nuances of M365”

    September 2026
  • Webinars

    Redgrave LLP Presents “AI Meets the Enterprise Platform: Discovery Challenges at the Intersection of Copilot and Microsoft 365”

    June 2026
  • Legal 365 Snapshot

    Teams Private Channels Migration Stalls: Admin Action Required by June 5, 2026

    May 2026
Redgrave LLPRedgrave LLP
Follow Us
  • Join Redgrave LLP on LinkedIn

Subscribe

  • Our Practice
    • Areas of Focus
    • About Redgrave
    • The Redgrave Difference
    • Inclusivity & Culture
  • Professionals
    • Attorneys
    • Advisors
    • Management
  • Experience
    • Client Work & Experience
    • Awards & Recognition
  • Insights & News
    • Events
    • Insights
    • News
  • Careers
    • Join Redgrave
    • What We Offer
    • What We Are Looking For
    • Current Opportunities
  • Contact
All Rights Reserved © 2016-2026 Redgrave LLP
Privacy Policy  |  Sitemap  |  Disclaimer
Credits