Data storage clause: Copy, customize, and use instantly
Introduction
A data storage clause outlines how data will be stored, managed, protected, and retained under an agreement. This clause ensures compliance with data security standards, privacy regulations, and industry best practices. It is commonly used in SaaS agreements, cloud service contracts, IT service agreements, and data processing addendums.
Below are templates for data storage clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Secure cloud storage requirement clause
This variation requires that data be stored in a secure cloud environment.
All data collected, processed, or stored under this Agreement shall be hosted on secure cloud infrastructure compliant with [ISO 27001, SOC 2, or other relevant standard]. The [Service Provider/Party] shall implement appropriate encryption, access controls, and monitoring measures to protect stored data from unauthorized access or breaches.
On-premises data storage requirement clause
This variation mandates that data be stored only on the client’s infrastructure.
The [Service Provider/Party] shall store all data related to this Agreement exclusively on on-premises servers owned and controlled by [Client]. No data shall be transferred to third-party cloud services or external storage providers without prior written consent.
Data retention and deletion clause
This variation specifies how long data must be stored and when it must be deleted.
The [Service Provider/Party] shall retain all data related to this Agreement for a period of [X] years from the date of collection. Upon expiration of this retention period, all data shall be securely deleted in compliance with [applicable data protection laws], unless required for ongoing legal or regulatory purposes.
Data storage location restriction clause
This variation restricts data storage to specific jurisdictions.
All data under this Agreement shall be stored exclusively within [Country/Region]. The [Service Provider/Party] shall not transfer or replicate any data outside of the specified jurisdiction without the prior written consent of [Client].
Encryption requirement for stored data clause
This variation mandates encryption for all stored data.
All data stored under this Agreement shall be encrypted using industry-standard encryption protocols, including but not limited to AES-256 for data at rest and TLS 1.2 or higher for data in transit.
Data storage backup and recovery clause
This variation requires regular backups and disaster recovery measures.
The [Service Provider/Party] shall maintain regular backups of all stored data and implement a disaster recovery plan to ensure data availability. Backups shall be conducted at least [X] times per [day/week/month] and stored securely in geographically separate locations.
Restricted access to stored data clause
This variation limits access to stored data to authorized personnel only.
Access to stored data shall be strictly limited to authorized personnel with a legitimate business need. The [Service Provider/Party] shall implement role-based access controls and maintain an audit log of all data access activities.
Data storage compliance requirement clause
This variation ensures compliance with relevant laws and industry regulations.
All data storage practices under this Agreement shall comply with applicable data protection laws, including but not limited to [GDPR, CCPA, HIPAA, or other relevant regulations]. The [Service Provider/Party] shall maintain documented policies and procedures to ensure compliance.
Third-party storage provider limitation clause
This variation restricts the use of third-party storage providers.
The [Service Provider/Party] shall not store data with any third-party provider unless such provider is approved in writing by [Client] and meets industry security and compliance standards.
Data storage segregation clause
This variation requires that client data be stored separately from other customers’ data.
The [Service Provider/Party] shall ensure that data belonging to [Client] is stored in a logically or physically segregated environment to prevent unauthorized access or data leakage.
Data storage audit rights clause
This variation grants the client the right to audit storage practices.
[Client] shall have the right to conduct an independent audit of [Service Provider/Party]’s data storage facilities and security controls upon reasonable notice, not to exceed [X] times per year.
Data storage termination and transfer clause
This variation specifies what happens to stored data when the contract ends.
Upon termination of this Agreement, [Service Provider/Party] shall transfer all stored data to [Client] in a mutually agreed format and securely delete all copies from its systems within [X] days.
Cloud provider certification requirement clause
This variation mandates that any cloud provider meet specific security certifications.
Any cloud storage provider used under this Agreement must maintain certification under [ISO 27001, SOC 2 Type II, or other relevant security standard] and be subject to periodic security audits.
Redundant data storage requirement clause
This variation ensures that stored data is replicated across multiple locations for reliability.
All critical data under this Agreement shall be stored in at least [X] geographically separate data centers to ensure redundancy and prevent data loss in case of system failure.
Data storage logging and monitoring clause
This variation requires tracking of all data storage activity.
The [Service Provider/Party] shall implement real-time logging and monitoring of all data storage activities, including access attempts, modifications, and deletions, and shall retain audit logs for a minimum of [X] years.
Data residency compliance clause
This variation ensures compliance with data residency requirements.
The [Service Provider/Party] shall ensure that all data remains within the jurisdiction of [Country/Region] as required by applicable data residency laws and regulations.
Immutable storage for critical data clause
This variation mandates that certain data be stored in an unchangeable format.
The [Service Provider/Party] shall implement immutable storage mechanisms for designated critical data to prevent alteration, deletion, or corruption.
Data storage redundancy testing clause
This variation requires regular testing of backup and redundancy systems.
The [Service Provider/Party] shall conduct redundancy and data recovery tests at least [X] times per year to verify the integrity and reliability of stored data.
Data classification and sensitivity clause
This variation requires classification of stored data based on sensitivity levels.
All data stored under this Agreement shall be classified according to its sensitivity (e.g., public, confidential, highly sensitive), and corresponding security measures shall be applied based on the classification.
Personal data anonymization requirement clause
This variation ensures that personal data is anonymized when stored.
Any personal data stored under this Agreement shall be anonymized or pseudonymized unless explicitly required to remain identifiable for operational purposes.
Client-controlled encryption keys clause
This variation allows the client to manage encryption keys for stored data.
[Client] shall retain exclusive control over encryption keys used to secure stored data, and [Service Provider/Party] shall have no access to unencrypted data unless explicitly authorized.
Cold storage data retention clause
This variation requires long-term data to be stored in cost-effective, secure cold storage.
Data designated for long-term retention shall be stored in encrypted cold storage, with access restricted to authorized personnel and retrieval occurring only upon written request from [Client].
Data storage notification requirement clause
This variation mandates notification in case of storage-related security incidents.
The [Service Provider/Party] shall notify [Client] within [X] hours of any security incident, unauthorized access, or data breach affecting stored data.
Storage capacity limitation clause
This variation sets storage limits and conditions for exceeding them.
The total amount of data stored under this Agreement shall not exceed [X] GB/TB unless otherwise agreed. Additional storage requirements shall be subject to separate pricing and approval.
Forensic data retention clause
This variation ensures that forensic data is stored for investigation purposes.
The [Service Provider/Party] shall retain forensic logs and metadata related to stored data for a minimum period of [X] years to support investigations in case of security incidents.
Data storage migration assistance clause
This variation requires assistance when transferring stored data to a new provider.
If [Client] chooses to migrate stored data to another provider, [Service Provider/Party] shall provide technical assistance and ensure seamless data transfer without service disruption.
Stored data hashing for integrity clause
This variation requires hashing mechanisms to detect data tampering.
All stored data shall be protected with cryptographic hashing mechanisms to ensure data integrity and detect unauthorized modifications.
Time-limited access to stored data clause
This variation limits the period during which data is accessible.
Stored data shall be accessible for a maximum period of [X] years, after which it will be automatically archived or deleted unless otherwise agreed.
Legal hold on stored data clause
This variation ensures compliance with legal holds during litigation or investigations.
In the event of legal proceedings or government inquiries, the [Service Provider/Party] shall retain all stored data subject to a legal hold until a written release is provided by [Client].
Data storage cost-sharing clause
This variation establishes responsibility for data storage costs.
The cost of data storage shall be allocated as follows: [Client] shall bear [X]% of storage costs, and [Service Provider/Party] shall bear [Y]%, subject to periodic review.
Multi-tiered storage classification clause
This variation mandates different levels of storage based on data access frequency.
Data stored under this Agreement shall be classified into hot, warm, and cold storage tiers, with hot storage reserved for frequently accessed data and cold storage used for archival data.
Storage provider liability limitation clause
This variation limits liability for data loss due to third-party storage failures.
[Service Provider/Party] shall not be liable for data loss due to failures of third-party storage providers unless such loss results from gross negligence or willful misconduct.
Blockchain-based storage verification clause
This variation requires blockchain-based mechanisms to verify data integrity.
All critical data stored under this Agreement shall be logged using blockchain-based verification mechanisms to ensure authenticity and prevent unauthorized alterations.
Access log retention for stored data clause
This variation mandates storing access logs for security monitoring.
The [Service Provider/Party] shall retain logs of all data access and modification activities for a minimum period of [X] years for security and audit purposes.
Zero-trust data access storage clause
This variation requires a zero-trust security model for data storage.
The [Service Provider/Party] shall implement a zero-trust architecture for all stored data, ensuring that no access is granted by default and all requests are authenticated and verified.
Immutable audit logs for stored data clause
This variation mandates permanent, tamper-proof audit logs for data access.
All data access, modifications, and deletions shall be logged in an immutable, tamper-resistant audit log retained for at least [X] years.
Data storage redundancy compliance clause
This variation ensures compliance with redundancy best practices.
The [Service Provider/Party] shall maintain at least [X] copies of all critical data stored under this Agreement, distributed across geographically separate locations.
Storage access revocation upon contract termination clause
This variation requires immediate revocation of access upon termination.
Upon termination of this Agreement, [Service Provider/Party] shall immediately revoke all access credentials, API keys, and permissions to stored data and confirm such revocation in writing.
Data storage multi-factor authentication (MFA) requirement clause
This variation mandates MFA for access to stored data.
All administrative and user access to stored data must be protected by multi-factor authentication (MFA) using at least two authentication factors.
Real-time data storage encryption monitoring clause
This variation requires continuous monitoring of encryption status.
The [Service Provider/Party] shall implement real-time monitoring tools to ensure all stored data remains encrypted and shall notify [Client] immediately of any encryption failures.
Data storage on blockchain clause
This variation requires the use of blockchain for secure, verifiable data storage.
All critical records stored under this Agreement shall be recorded on a blockchain-based storage system to ensure immutability, transparency, and auditability.
Access-based data storage segmentation clause
This variation requires data to be stored in separate locations based on access levels.
All stored data shall be segmented by access level, ensuring that highly sensitive data is stored separately from general-access data, with appropriate security controls applied to each category.
Data deletion verification clause
This variation requires confirmation and certification of data deletion.
The [Service Provider/Party] shall provide a written certification confirming the secure deletion of any stored data upon request from [Client] or upon termination of this Agreement.
Data retention freeze for regulatory investigations clause
This variation ensures stored data remains accessible during investigations.
If [Client] is subject to a regulatory investigation or audit, [Service Provider/Party] shall suspend any scheduled data deletions and retain all relevant stored data until written authorization to proceed with deletion is received.
Dynamic storage scaling clause
This variation allows for automatic adjustments in storage capacity.
The [Service Provider/Party] shall provide dynamic scaling of storage resources to accommodate fluctuations in data volume, ensuring seamless performance without exceeding predetermined cost thresholds.
Geofencing for data storage clause
This variation ensures stored data cannot be accessed outside designated regions.
All stored data shall be subject to geofencing controls, ensuring that access is restricted to authorized users located within [specified country or region].
Data storage compliance audit clause
This variation requires periodic compliance audits for stored data.
The [Service Provider/Party] shall conduct an independent compliance audit of data storage practices at least once per [year/quarter] and provide [Client] with the results upon request.
Data localization requirement clause
This variation mandates that data must be stored within a specific country.
All data stored under this Agreement shall be housed exclusively in data centers located within [Country], in compliance with applicable data localization laws.
Temporary data storage clause
This variation limits the duration that data can be stored before automatic deletion.
The [Service Provider/Party] shall automatically delete all stored data after [X] days unless [Client] requests an extension in writing.
Storage capacity upgrade notification clause
This variation requires notification before increasing storage capacity.
The [Service Provider/Party] shall notify [Client] in writing at least [X] days before any planned increase in storage capacity that may result in additional costs.
Data storage environmental sustainability clause
This variation requires eco-friendly data storage practices.
All data storage systems used under this Agreement shall comply with environmentally sustainable best practices, including energy-efficient hardware and carbon-neutral data center operations.
Data storage latency guarantee clause
This variation sets performance benchmarks for data access speeds.
The [Service Provider/Party] shall ensure that stored data is retrievable within [X] milliseconds under normal operating conditions, with penalties for non-compliance.
Emergency data storage access clause
This variation allows emergency access to stored data in case of critical failures.
In the event of a system failure or security incident, [Client] shall have immediate access to an emergency backup of all stored data, with authentication measures to prevent unauthorized access.
End-user access logging clause
This variation requires tracking of all end-user access attempts to stored data.
All end-user access to stored data shall be logged, including time of access, user identity, and data accessed, with logs retained for a minimum of [X] years.
Storage provider liability for data loss clause
This variation holds the storage provider accountable for data loss.
The [Service Provider/Party] shall be liable for any loss of stored data due to negligence, failure to implement security controls, or failure to perform regular backups.
Data storage artificial intelligence monitoring clause
This variation mandates AI-based anomaly detection for stored data.
The [Service Provider/Party] shall implement AI-powered anomaly detection to identify unusual access patterns or potential data breaches in real time.
Cross-border data storage restrictions clause
This variation prevents storage in specific jurisdictions.
The [Service Provider/Party] shall not store any data under this Agreement in jurisdictions identified as high-risk by [Regulatory Body].
Storage provider transition assistance clause
This variation requires assistance if the client switches storage providers.
If [Client] elects to transition data storage to a different provider, [Service Provider/Party] shall provide technical support, migration tools, and access to archived backups for a period of [X] days.
Data fragmentation prevention clause
This variation ensures stored data is not scattered across multiple providers without approval.
All stored data must be maintained in a unified, structured format and shall not be fragmented across multiple providers without the prior written consent of [Client].
Security patching for storage infrastructure clause
This variation mandates timely application of security updates.
The [Service Provider/Party] shall apply security patches and firmware updates to all storage systems within [X] days of release to mitigate vulnerabilities.
Storage integrity checks clause
This variation requires automated integrity verification of stored data.
The [Service Provider/Party] shall conduct automated integrity checks on stored data at least [X] times per [day/week/month] to detect corruption or unauthorized modifications.
Legacy system data storage compatibility clause
This variation ensures compatibility with older systems.
All stored data shall be maintained in formats compatible with legacy systems specified by [Client] to ensure accessibility and usability.
Data breach insurance for stored data clause
This variation requires the storage provider to maintain insurance against breaches.
The [Service Provider/Party] shall maintain cyber liability insurance with coverage of at least [$X] million to compensate for damages in the event of a data breach affecting stored data.
Data tokenization for stored information clause
This variation requires sensitive data to be tokenized before storage.
Any sensitive data stored under this Agreement shall be tokenized to prevent unauthorized access, ensuring that real values are never stored in plaintext.
Biometric data storage restriction clause
This variation ensures that biometric data is stored with additional protections.
Any biometric data collected under this Agreement shall be stored in an encrypted format with access restricted to authorized personnel. Such data shall not be retained for more than [X] days unless required by law.
AI-generated data storage clause
This variation mandates how AI-generated data is stored and managed.
Any AI-generated data under this Agreement shall be stored separately from user-generated data, with appropriate metadata tagging and encryption applied to distinguish automated and human-created content.
Ephemeral data storage clause
This variation requires certain data to be stored temporarily before deletion.
Any ephemeral data, such as session logs and transient system files, shall not be stored for longer than [X] hours and shall be automatically deleted unless otherwise specified in this Agreement.
Data sovereignty compliance clause
This variation ensures stored data adheres to sovereignty laws.
The [Service Provider/Party] shall store all data in compliance with applicable data sovereignty laws, ensuring that no cross-border transfers occur without explicit regulatory approval.
Automated storage capacity reallocation clause
This variation allows storage resources to be reallocated dynamically.
The [Service Provider/Party] shall implement automated storage reallocation to optimize capacity based on usage patterns, ensuring efficient storage management without exceeding agreed thresholds.
Data storage media destruction clause
This variation mandates secure disposal of storage media.
All physical storage media containing client data shall be securely destroyed using industry-standard methods, such as degaussing or shredding, before disposal or repurposing.
Storage deduplication and efficiency clause
This variation requires storage deduplication to optimize space.
The [Service Provider/Party] shall implement data deduplication techniques to reduce redundant storage, ensuring that identical data is stored only once while maintaining accessibility.
Quantum-safe encryption for stored data clause
This variation mandates encryption resistant to quantum computing threats.
All stored data under this Agreement shall be encrypted using quantum-resistant encryption algorithms to mitigate future cybersecurity risks.
Multi-party data storage governance clause
This variation establishes governance rules for shared data storage.
When multiple parties store data under this Agreement, a governance framework shall be established to define responsibilities, security standards, and access privileges.
Data storage mirroring requirement clause
This variation ensures real-time mirroring of stored data.
The [Service Provider/Party] shall implement real-time data mirroring across at least [X] geographically distinct storage locations to ensure redundancy and minimize downtime.
Obfuscation of sensitive stored data clause
This variation requires sensitive stored data to be obfuscated.
All stored sensitive data shall be obfuscated using irreversible techniques, ensuring that even if unauthorized access occurs, the data remains unreadable.
Decommissioned data storage facility requirement clause
This variation mandates protocols for decommissioning data centers.
If a data storage facility is decommissioned, [Service Provider/Party] shall ensure that all stored data is securely transferred, backed up, and verified before facility shutdown.
Data lake storage governance clause
This variation ensures structured management of large-scale data lakes.
Any data lake storage under this Agreement shall be subject to governance policies, including metadata management, access control, and tiered retention strategies.
Version-controlled storage for critical data clause
This variation ensures critical data is stored with version tracking.
The [Service Provider/Party] shall maintain version-controlled storage for all critical data, allowing retrieval of historical versions in case of errors or corruption.
Data storage anomaly detection clause
This variation mandates automated monitoring for unusual storage activity.
The [Service Provider/Party] shall deploy anomaly detection systems to monitor stored data for unauthorized access attempts, corruption, or unusual deletion patterns.
Blockchain verification for data storage integrity clause
This variation ensures data integrity verification using blockchain.
All critical stored data shall be logged and verified through blockchain-based integrity mechanisms to prevent unauthorized tampering.
Privileged access review for stored data clause
This variation requires regular reviews of privileged storage access.
All privileged access to stored data shall be reviewed at least once per [month/quarter] to ensure compliance with least privilege principles.
Storage provider migration contingency plan clause
This variation requires a contingency plan for changing storage providers.
The [Service Provider/Party] shall maintain a migration contingency plan, ensuring a seamless transition of stored data in case of provider termination or business closure.
Data storage lifecycle tracking clause
This variation mandates tracking the entire lifecycle of stored data.
All stored data shall be tagged with lifecycle metadata, tracking its creation, modifications, access history, and scheduled deletion date.
Data storage performance monitoring clause
This variation requires real-time monitoring of storage system performance.
The [Service Provider/Party] shall continuously monitor storage system performance, identifying bottlenecks and optimizing efficiency to meet agreed service levels.
Energy-efficient data storage clause
This variation mandates sustainability measures in data storage.
The [Service Provider/Party] shall use energy-efficient data storage solutions, minimizing carbon footprint through optimized hardware and sustainable data center practices.
Storage access expiration for inactive users clause
This variation automatically revokes access after inactivity.
Any user who has not accessed stored data for [X] days shall have their access automatically revoked, requiring reauthorization before regaining access.
Storage log retention policy clause
This variation mandates retention and deletion rules for access logs.
All data storage logs shall be retained for a minimum of [X] years before being securely deleted unless required for regulatory compliance.
Data storage consent management clause
This variation ensures that consent is recorded before storing user data.
The [Service Provider/Party] shall implement a consent management system to track user approvals for data storage, ensuring compliance with privacy laws.
No third-party analytics on stored data clause
This variation prevents third-party data analytics services from accessing stored data.
The [Service Provider/Party] shall not use stored data for analytics, machine learning, or other purposes without explicit consent from [Client].
Storage region failover clause
This variation provides automatic failover to another region in case of storage failure.
In the event of storage failure, stored data shall automatically failover to a secondary region with no more than [X] minutes of downtime.
Privacy-preserving data storage clause
This variation requires the implementation of privacy-preserving storage techniques.
All stored data shall be subject to privacy-enhancing techniques, including differential privacy and homomorphic encryption, to minimize exposure of sensitive information.
Storage forensic investigation requirement clause
This variation requires the ability to perform forensic analysis on stored data.
The [Service Provider/Party] shall maintain forensic logging capabilities, allowing investigators to reconstruct events leading to security incidents affecting stored data.
User-controlled data storage duration clause
This variation allows users to define how long their data is stored.
Users shall have the ability to define custom storage duration for their personal data, with automatic deletion occurring upon expiration.
Automated anomaly response for stored data clause
This variation mandates automatic responses to storage security threats.
If an anomaly is detected in stored data, automated mitigation actions shall be triggered, including access revocation, alerting administrators, and isolating compromised data.
Storage redundancy with real-time failback clause
This variation ensures seamless failback after storage recovery.
In the event of a failover to a secondary storage location, real-time synchronization shall ensure seamless failback to the primary storage environment once restored.
AI-powered storage classification clause
This variation mandates AI-based classification of stored data for optimized management.
The [Service Provider/Party] shall use AI-driven classification tools to categorize stored data based on sensitivity, retention policies, and access frequency.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.