Cloud provide loses *all* a clients data after selling service which was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an
advance on that.
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
Cloud provide loses *all* a clients data after selling service which was
supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an
advance on that.
I also think -u0. The data was only deleted after the service had
expired, which the customers should certainly have known about.
After the expiry, there is supposed to be a grace period before
any data is deleted permanently, and it's this free grace period
bit that went wrong, rather than any contractual subscribed service.
It's still an epic fuckup, but it would be a bit tricky to hold
Microsoft monetarily liable I think.
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
Cloud provide loses *all* a clients data after selling service which
was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an
advance on that.
I also think -u0. The data was only deleted after the service had
expired,
From the article
the expiry, there is supposed to be a grace period before any data is
deleted permanently, and it's this free grace period bit that went
wrong, rather than any contractual subscribed service.
It's still an epic fuckup, but it would be a bit tricky to hold
Microsoft monetarily liable I think.
On 28 Sep 2026 at 17:55:25 BST, "Jon Ribbens"
<jon+usenet@unequivocal.eu> wrote:
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
Cloud provide loses *all* a clients data after selling service which
was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an
advance on that.
I also think -u0. The data was only deleted after the service had
expired, which the customers should certainly have known about. After
the expiry, there is supposed to be a grace period before any data is
deleted permanently, and it's this free grace period bit that went
wrong, rather than any contractual subscribed service.
It's still an epic fuckup, but it would be a bit tricky to hold
Microsoft monetarily liable I think.
In general I don't see how any data storage provider, even one actually contracted to preserve the data, could possibly have unlimited liability
for consequential loss resulting from the loss of data. Mainly because
the potential consequential loss is effectively unbounded depending on factors the storage provider cannot know. Presumably any liability for consequential loss depends entirely on the contract, which will have
been originally offered by the provider.
I suspect in the case of non-profit organisations (isn't this an
American term?) or private individuals compensation is commonly confined
to money paid for the storage service or perhaps a nominal penalty
amount.
The consequences of data loss are likely only to be covered by
separately arranged insurance.
On Mon, 28 Sep 2026 16:55:25 +0000, Jon Ribbens wrote:
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
Cloud provide loses *all* a clients data after selling service which
was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an
advance on that.
I also think -u0. The data was only deleted after the service had
expired,
From the article
Microsoft accidentally wiped some nonprofit customers' M365 data *before* their retention period expired _ and now says it cannot tell them what disappeared, or even whether they lost anything.
and
In an email to
one affected customer seen by The Register, Microsoft admitted that, "due
to an error," it had deleted remaining data before the retention and
export window closed.
So customers were not at fault here.
which the customers should certainly have known about. After
the expiry, there is supposed to be a grace period before any data is
deleted permanently, and it's this free grace period bit that went
wrong, rather than any contractual subscribed service.
It's still an epic fuckup, but it would be a bit tricky to hold
Microsoft monetarily liable I think.
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
On Mon, 28 Sep 2026 16:55:25 +0000, Jon Ribbens wrote:
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
Cloud provide loses *all* a clients data after selling service which
was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an
advance on that.
I also think -u0. The data was only deleted after the service had
expired,
From the article
Microsoft accidentally wiped some nonprofit customers' M365 data *before*
their retention period expired _ and now says it cannot tell them what
disappeared, or even whether they lost anything.
and
In an email to
one affected customer seen by The Register, Microsoft admitted that, "due
to an error," it had deleted remaining data before the retention and
export window closed.
Yes, the "retention and export window" is the "grace period"
I mentioned.
So customers were not at fault here.
I didn't say they were at fault, exactly. But storing the only copies
of your vital data in a service that has expired is... unwise.
--which the customers should certainly have known about. After
the expiry, there is supposed to be a grace period before any data is
deleted permanently, and it's this free grace period bit that went
wrong, rather than any contractual subscribed service.
It's still an epic fuckup, but it would be a bit tricky to hold
Microsoft monetarily liable I think.
On 28 Sep 2026 at 19:01:58 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu> >wrote:
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
On Mon, 28 Sep 2026 16:55:25 +0000, Jon Ribbens wrote:
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
Cloud provide loses *all* a clients data after selling service which >>>>> was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is u0, but would be curious to know if any posters have an
advance on that.
I also think u0. The data was only deleted after the service had
expired,
From the article
Microsoft accidentally wiped some nonprofit customers' M365 data *before* >>> their retention period expired _ and now says it cannot tell them what
disappeared, or even whether they lost anything.
and
In an email to
one affected customer seen by The Register, Microsoft admitted that, "due >>> to an error," it had deleted remaining data before the retention and
export window closed.
Yes, the "retention and export window" is the "grace period"
I mentioned.
So customers were not at fault here.
I didn't say they were at fault, exactly. But storing the only copies
of your vital data in a service that has expired is... unwise.
Storing any data that you want to keep without the original and at least two >backups, one off site, is unwise.
Whether cloud storage counts as one off site is a matter of opinion, but it >certainly doesn't if haven't got at least two copies on site.
which the customers should certainly have known about. After
the expiry, there is supposed to be a grace period before any data is
deleted permanently, and it's this free grace period bit that went
wrong, rather than any contractual subscribed service.
It's still an epic fuckup, but it would be a bit tricky to hold
Microsoft monetarily liable I think.
On Mon, 28 Sep 2026 17:08:15 +0000, Roger Hayter wrote:
On 28 Sep 2026 at 17:55:25 BST, "Jon Ribbens"
<jon+usenet@unequivocal.eu> wrote:
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
Cloud provide loses all a clients data after selling service which
was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an >>>>advance on that.
I also think -u0. The data was only deleted after the service had >>>expired, which the customers should certainly have known about. After
the expiry, there is supposed to be a grace period before any data is >>>deleted permanently, and it's this free grace period bit that went
wrong, rather than any contractual subscribed service.
It's still an epic fuckup, but it would be a bit tricky to hold
Microsoft monetarily liable I think.
In general I don't see how any data storage provider, even one actually >>contracted to preserve the data, could possibly have unlimited liability >>for consequential loss resulting from the loss of data. Mainly because
the potential consequential loss is effectively unbounded depending on >>factors the storage provider cannot know. Presumably any liability for >>consequential loss depends entirely on the contract, which will have
been originally offered by the provider.
I suspect in the case of non-profit organisations (isn't this an
American term?) or private individuals compensation is commonly confined
to money paid for the storage service or perhaps a nominal penalty
amount.
The consequences of data loss are likely only to be covered by
separately arranged insurance.
I worked for a non profit company in the UK. A training provider that >exclusively used M365.
On 28 Sep 2026 at 19:01:58 BST, "Jon Ribbens"
<jon+usenet@unequivocal.eu> wrote:
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
On Mon, 28 Sep 2026 16:55:25 +0000, Jon Ribbens wrote:
On 2026-09-28, Jethro <jethro_UK@hotmailbin.com> wrote:
Cloud provide loses *all* a clients data after selling service which >>>>> was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an >>>>> advance on that.
I also think -u0. The data was only deleted after the service had
expired,
From the article
Microsoft accidentally wiped some nonprofit customers' M365 data
*before*
their retention period expired _ and now says it cannot tell them what
disappeared, or even whether they lost anything.
and
In an email to one affected customer seen by The Register, Microsoft
admitted that, "due to an error," it had deleted remaining data before
the retention and export window closed.
Yes, the "retention and export window" is the "grace period"
I mentioned.
So customers were not at fault here.
I didn't say they were at fault, exactly. But storing the only copies
of your vital data in a service that has expired is... unwise.
Storing any data that you want to keep without the original and at least
two backups, one off site, is unwise.
Whether cloud storage counts as one off site is a matter of opinion, but
it certainly doesn't if haven't got at least two copies on site.
which the customers should certainly have known about. After the
expiry, there is supposed to be a grace period before any data is
deleted permanently, and it's this free grace period bit that went
wrong, rather than any contractual subscribed service.
It's still an epic fuckup, but it would be a bit tricky to hold
Microsoft monetarily liable I think.
Cloud provide loses *all* a clients data after selling service which was supposed to eliminate the need for you to backup.I would suggest that M$'s liability is per your estimate and any
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an
advance on that.
FWIW I worked in a UK non profit that was entirely reliant on M365. IfA relative, (an accountant), did similar early on in his career. He
they suddenly lost all their data, that would be that. They had nothing
else going on.
Idly pondering, losing all your emails means you also lose your defence
in any number of possible actions from customers and staff.
On 28/09/2026 15:33, Jethro wrote:
Cloud provide loses *all* a clients data after selling service whichI would suggest that M$'s liability is per your estimate and any
was supposed to eliminate the need for you to backup.
How much could they be liable for ?
My guess is -u0, but would be curious to know if any posters have an
advance on that.
organisation contemplating issuing against M$ considers carefully the asymmetry of resources available for such a claim.
Thinking out loud:
As might be expected, both of Microsoft's Standard Terms and Conditions
and their Microsoft Services Agreement applicable to cloud services
contain strict limitations of liability clauses and other disclaimers limiting M$'s liability to the amount paid for the product / service.
In the instant case, the M365 service was provided at no charge meaning
this is the level at which M$ have contractually capped their liability.
Bear in mind that the vast majority of legislation about unfair
contracts applies to B2C contracts and this is a B2B contract and
companies are deemed not to need additional protection from unfair
contract terms in legislation so there's hurdle number one.
Those pesky M$ documents referenced in hurdle number one also give rise
to hurdle number two.
The "Microsoft Learn Guide on Shared Responsibility in the Cloud" [^1] details the core responsibility matrix quite clearly in several places.
The responsibility for data backup and business continuity is firmly
placed on the customer. M$ can argue that their data retention window
was a temporary grace period for holding a copy of their data and that
it is the customer's responsibility to maintain their own independent
backups of this data.
Finally, (hurdle number three), they need to prove quantifiable tangible damages.
Given the asymmetry of resources available for issuing / defending a
claim, I would suggest it is a non-starter.
FWIW I worked in a UK non profit that was entirely reliant on M365. IfA relative, (an accountant), did similar early on in his career. He
they suddenly lost all their data, that would be that. They had nothing
else going on.
left fairly quickly when it became clear that the number of corners
being cut across numerous fronts in the name of saving costs meant that
the charity could collapse at any point leaving him exposed, so he left
and took a more secure role elsewhere.
responsibilityIdly pondering, losing all your emails means you also lose your defence
in any number of possible actions from customers and staff.
That's why M$ place the ultimate burden of data backup and business continuity on the customer.
Regards
S.P.
[^1]
https://learn.microsoft.com/en-us/azure/security/fundamentals/shared-
So really MS need to halve their prices so you can engage another
provider to insulate youself from the non zero chance of MS making a catastrophic error.
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