Data Escrow Agreement Template for United States

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Data Escrow Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Data Escrow Agreement

"Need a Data Escrow Agreement for our customer database backup storage with Amazon Web Services as the escrow agent, ensuring HIPAA compliance and quarterly verification procedures, to be effective from March 1, 2025."

Document background
The Data Escrow Agreement serves as a critical risk management tool in scenarios where sensitive data needs to be securely held by a neutral third party. This agreement type is particularly relevant when parties need assurance that valuable or sensitive data will be preserved and accessed only under pre-defined conditions. Common use cases include business continuity planning, regulatory compliance, and protection of intellectual property. The agreement, governed by U.S. federal and state laws, typically includes detailed provisions for data handling, security protocols, release mechanisms, and compliance with relevant data protection regulations.
Suggested Sections

1. Parties: Identification of Data Owner, Escrow Agent, and Beneficiary

2. Background: Context and purpose of the escrow arrangement

3. Definitions: Key terms used throughout the agreement including regulated data types and compliance requirements

4. Deposit Materials: Description of data to be held in escrow and deposit requirements

5. Escrow Agent Obligations: Duties and responsibilities of the escrow agent including compliance with applicable regulations

6. Release Conditions: Circumstances under which data will be released and release procedures

7. Security Requirements: Security measures for protecting escrowed data in compliance with relevant regulations

8. Term and Termination: Duration of the agreement and termination provisions

9. Fees: Payment terms for escrow services

Optional Sections

1. Verification Procedures: Processes for verifying integrity of escrowed data, used when regular verification is required

2. Data Migration: Procedures for updating or migrating escrowed data, included when data format or storage may change over time

3. Dispute Resolution: Specific procedures for resolving disputes, included when standard court jurisdiction is not preferred

Suggested Schedules

1. Schedule A - Deposit Materials: Detailed inventory of data being held in escrow

2. Schedule B - Security Protocols: Detailed security requirements and procedures

3. Schedule C - Fee Schedule: Detailed breakdown of fees and payment terms

4. Schedule D - Release Request Form: Template for requesting release of escrowed data

5. Schedule E - Verification Procedures: Detailed procedures for data verification if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Gramm-Leach-Bliley Act (GLBA): Federal law that requires financial institutions to protect consumers' personal financial information and explain their information-sharing practices

Health Insurance Portability and Accountability Act (HIPAA): Federal law that establishes standards for the protection and privacy of healthcare-related personal information

Computer Fraud and Abuse Act (CFAA): Federal law addressing computer crimes and unauthorized access to computer systems and data

Electronic Communications Privacy Act (ECPA): Federal law protecting electronic communications from unauthorized interception, access, and disclosure

Federal Trade Commission Act (FTC Act): Federal law prohibiting unfair or deceptive practices in commerce, including data privacy and security practices

California Consumer Privacy Act (CCPA): State law providing California residents with rights regarding the collection and use of their personal information

State Data Protection Laws: Various state-specific laws (e.g., Virginia CDPA, Colorado Privacy Act) governing data protection and privacy rights

Payment Card Industry Data Security Standard (PCI DSS): Industry security standard for organizations handling credit card information

Sarbanes-Oxley Act: Federal law establishing requirements for financial reporting and corporate governance, including data integrity

Family Educational Rights and Privacy Act (FERPA): Federal law protecting the privacy of student education records

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions in the United States

Electronic Signatures in Global and National Commerce Act (E-SIGN Act): Federal law ensuring the legal validity of electronic signatures and records

Uniform Electronic Transactions Act (UETA): State law providing uniform rules for electronic transactions and signatures

NIST Guidelines: Security standards and guidelines published by the National Institute of Standards and Technology

ISO/IEC 27001: International standard for information security management systems

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Escrow Account Contract

A U.S.-governed agreement establishing terms for holding and disbursing funds through a regulated escrow account arrangement.

find out more

Software Escrow Agreement

U.S.-governed three-party agreement for secure source code escrow between software owner, beneficiary, and escrow agent, ensuring software license continuity.

find out more

Strict Joint Order Escrow Agreement

A U.S.-governed agreement establishing an escrow arrangement requiring joint authorization from all parties for the release of held funds or assets.

find out more

Escrow Release Letter

A U.S.-compliant formal document authorizing an escrow agent to release held funds or assets to designated parties.

find out more

Closing Escrow Agreement

A U.S. legal agreement establishing terms for holding and disbursing funds through an escrow agent during transaction closing.

find out more

Tripartite Agreement For Escrow Account

A U.S.-governed agreement between three parties establishing terms for an escrow arrangement, including fund management and release conditions.

find out more

Third Party Escrow Agreement

A U.S.-governed agreement establishing terms for a third party to hold and manage assets or materials in escrow between two primary parties.

find out more

Escrow Agreement For Sale Of Goods

A U.S.-governed agreement establishing an escrow arrangement for secure transfer of goods and payment between buyer and seller through a neutral third party.

find out more

Escrow Release Agreement

A U.S. legal document governing the release of assets held in escrow, specifying conditions and procedures for disbursement.

find out more

Escrow Disbursement Agreement

A U.S.-governed agreement defining terms for the disbursement of escrow funds and the responsibilities of all parties involved.

find out more

Escrow Agreement To Hold Documents

A U.S.-governed agreement establishing terms for third-party custody of important documents under specified release conditions.

find out more

Earnest Money Escrow Agreement

A U.S. legal agreement governing the terms of earnest money held in escrow during a transaction.

find out more

Voluntary Escrow Agreement

A U.S.-governed agreement establishing terms for holding assets in escrow by a neutral third party until specified conditions are met.

find out more

Data Escrow Agreement

A U.S.-governed agreement establishing terms for third-party storage and release of sensitive data under specified conditions.

find out more

Escrow Agreement It Software

A U.S.-governed agreement establishing terms for third-party holding of software source code and related materials to protect both vendor and beneficiary interests.

find out more

Escrow Agreement To Hold Funds

A U.S.-governed agreement establishing terms for an escrow agent to hold and manage funds between parties, subject to federal and state banking and financial regulations.

find out more

Escrow Waiver Agreement

A U.S. legal document allowing mortgage borrowers to waive escrow requirements and manage property tax and insurance payments directly.

find out more

Escrow Holdback Agreement

A U.S.-governed agreement establishing terms for holding funds in escrow until specified conditions are met.

find out more

Source Code Escrow Agreement

A U.S.-governed agreement establishing terms for source code deposit with an escrow agent and conditions for its release to beneficiaries.

find out more

Escrow Account Agreement

A U.S.-governed agreement establishing terms for holding and disbursing funds or assets through an escrow arrangement, compliant with federal and state regulations.

find out more

Escrow Deposit Agreement

A U.S.-governed agreement establishing terms for holding assets in escrow by a third party until specified conditions are met.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.