Data recovery clause: Copy, customize, and use instantly
Introduction
A data recovery clause outlines the obligations of the parties concerning the recovery of lost or corrupted data due to unforeseen events, such as system failures, cyberattacks, or human error. It ensures that both parties have a clear and agreed-upon process for restoring essential data and minimizing disruption to operations.
Below are templates for data recovery clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Data recovery clause (general)
This version outlines general data recovery obligations.
The Parties agree to implement a data recovery plan to restore lost or corrupted data resulting from system failures, cybersecurity incidents, or other unforeseen events. Both Parties will ensure that critical data is backed up regularly and can be restored within [X] hours or [X] business days, depending on the nature of the data loss. The data recovery plan will include clear procedures for identifying data loss, restoring data, and verifying the integrity of restored data.
Data recovery clause (with backup and restoration requirements)
This clause includes specific backup and restoration requirements.
The Parties agree to back up all critical data on a regular basis, with backups being stored securely and protected from unauthorized access. Both Parties will implement a data restoration process that includes testing the ability to recover data within [X] hours or [X] business days of a disruption. The restoration process will ensure the data integrity is maintained during recovery.
Data recovery clause (with disaster recovery plan)
This version includes a disaster recovery plan.
The Parties agree to develop and maintain a disaster recovery plan that addresses data loss scenarios caused by natural disasters, cyberattacks, or system failures. Both Parties will ensure that this plan includes strategies for the rapid recovery of critical data, prioritizing the restoration of business-critical information to minimize operational downtime.
Data recovery clause (with responsibility for data backup)
This clause outlines responsibility for data backup.
The Parties agree that each Party will be responsible for ensuring the backup of its data in accordance with the retention and security policies specified in this Agreement. Both Parties will ensure that data backups are performed regularly, with backups stored securely and in multiple locations to ensure resilience against data loss.
Data recovery clause (with third-party data recovery services)
This version addresses the use of third-party data recovery services.
The Parties agree to engage third-party data recovery services to assist with the restoration of lost or corrupted data, should such an event occur. Both Parties will ensure that the third-party service providers comply with the data protection and security requirements outlined in this Agreement and are capable of restoring data in a timely and secure manner.
Data recovery clause (with testing and validation of recovery process)
This clause includes requirements for testing and validation.
The Parties agree to regularly test and validate the data recovery process to ensure it is effective in restoring lost or corrupted data. Both Parties will conduct an annual data recovery test, during which the recovery plan will be simulated to assess recovery time, accuracy, and completeness. Any identified gaps will be addressed promptly to improve recovery capabilities.
Data recovery clause (with provision for continuous data protection)
This version focuses on continuous data protection.
The Parties agree to implement continuous data protection (CDP) measures that capture real-time changes to critical data and provide near-instantaneous recovery. Both Parties will ensure that their systems can automatically revert to the last consistent point in time in the event of a data loss, minimizing disruption and data loss.
Data recovery clause (with protection against data corruption)
This clause includes protection against data corruption.
The Parties agree to implement safeguards against data corruption, including error-checking systems and redundancy measures. In the event of data corruption, both Parties will follow a recovery process to restore the data from the most recent backup and ensure the integrity of the recovered data before it is reintegrated into the production environment.
Data recovery clause (with detailed restoration timeframes)
This version specifies detailed timeframes for restoration.
The Parties agree that, in the event of data loss, the following restoration timeframes will apply:Critical business data: restored within [X] hours.Non-critical operational data: restored within [X] business days. Both Parties will make every effort to meet these timeframes and will communicate progress regularly during the recovery process.
Data recovery clause (with prioritization of recovery)
This clause includes prioritization of recovery.
The Parties agree to prioritize the recovery of data critical to the continuation of business operations. In the event of data loss, both Parties will implement a tiered recovery process, with priority given to restoring key systems and business-critical data, followed by less critical data and systems. A detailed priority list will be maintained and reviewed annually.
Data recovery clause (with documentation of recovery process)
This version requires documentation of the recovery process.
The Parties agree to document the data recovery process, including detailed records of each instance of data loss, the steps taken to recover the data, and the time taken to complete the recovery. Both Parties will maintain this documentation for audit purposes and to improve future recovery efforts.
Data recovery clause (with indemnification for recovery failure)
This clause includes indemnification provisions for recovery failure.
The Parties agree to indemnify each other for any losses incurred due to a failure to recover data within the specified timeframes under this Agreement. Both Parties will ensure that they take all reasonable steps to prevent data loss and that the recovery process is conducted with diligence. Failure to restore data in accordance with the agreed recovery timeframes will result in indemnification for any financial losses directly attributable to the failure.
Data recovery clause (with data access after recovery)
This version includes access to data post-recovery.
The Parties agree that once data has been recovered, both Parties will immediately verify and provide access to the recovered data. Both Parties will work together to ensure that any post-recovery access or functionality issues are resolved promptly to minimize downtime and maintain operational continuity.
Data recovery clause (with review of recovery performance)
This clause includes review of recovery performance.
The Parties agree to review the performance of the data recovery process annually. Both Parties will assess the effectiveness of the recovery plan, including recovery time objectives (RTO), recovery point objectives (RPO), and the completeness of recovered data. Any deficiencies identified will be addressed, and improvements will be made to the recovery process.
Data recovery clause (with use of redundant data centers)
This version ensures the use of redundant data centers.
The Parties agree to store copies of critical data in multiple, geographically distributed data centers to reduce the risk of data loss due to localized disruptions. Both Parties will ensure that these redundant data centers are synchronized and capable of serving as backup in the event that one data center becomes unavailable.
Data recovery clause (with continuous monitoring of recovery systems)
This clause requires continuous monitoring of recovery systems.
The Parties agree to implement continuous monitoring of all data recovery systems to detect any potential issues that may hinder the data recovery process. Both Parties will ensure that monitoring systems are in place to identify system failures, corruption, or other risks that may compromise the recovery process and will take corrective action as needed.
Data recovery clause (with provision for long-term storage of recovered data)
This version includes long-term storage for recovered data.
The Parties agree to store recovered data in a secure long-term archive for a minimum period of [X] years. Both Parties will ensure that the long-term storage system meets the necessary security and compliance requirements to prevent unauthorized access, loss, or corruption of archived data.
Data recovery clause (with coordination for recovery efforts)
This clause ensures coordination for recovery efforts.
The Parties agree to coordinate recovery efforts in the event of a data loss or system failure. Both Parties will designate recovery teams and ensure that roles and responsibilities are clearly defined. The recovery teams will work collaboratively to restore data as quickly as possible while ensuring that data integrity is maintained throughout the process.
Data recovery clause (with transparency during recovery)
This version ensures transparency during recovery.
The Parties agree to maintain transparency during the data recovery process. Both Parties will provide regular updates on the progress of the recovery, including any delays, issues encountered, and estimated times for full restoration. This will ensure that both Parties are fully informed and can take necessary actions to minimize disruption to operations.
Data recovery clause (with notification during recovery process)
This clause includes notification during the recovery process.
The Parties agree to notify each other immediately when a data loss incident occurs and keep each other informed throughout the recovery process. Both Parties will provide updates on recovery progress at regular intervals and will notify the other Party upon successful restoration of the data, ensuring clear communication and transparency during the recovery.
Data recovery clause (with contingency for prolonged recovery)
This version includes contingency for prolonged recovery.
In the event that data recovery cannot be completed within the specified timeframe due to technical limitations, the Parties agree to implement contingency measures, including temporary operational workarounds, to ensure continuity of business operations. Both Parties will work together to expedite the recovery process and mitigate any business impact caused by the delay.
Data recovery clause (with audit of recovery procedures)
This clause ensures audits of recovery procedures.
The Parties agree to conduct an audit of the data recovery process annually to ensure compliance with this clause. Both Parties will evaluate the effectiveness of their recovery protocols, identify areas for improvement, and make adjustments as necessary to ensure future recovery efforts meet the required standards.
Data recovery clause (with third-party validation of recovery success)
This version includes third-party validation for recovery success.
The Parties agree to engage an independent third-party to validate the successful recovery of critical data following any data loss incident. Both Parties will ensure that the third party evaluates the integrity and completeness of the recovered data and provides a report confirming that the data recovery process has been successfully completed.
Data recovery clause (with integration of automated recovery tools)
This clause includes the integration of automated recovery tools.
The Parties agree to implement automated data recovery tools that can quickly restore lost or corrupted data without manual intervention. Both Parties will ensure that these tools are regularly tested and updated to handle any changes to data formats or systems, reducing recovery time and minimizing operational disruption during data loss events.
Data recovery clause (with recovery for software application data)
This version focuses on the recovery of software application data.
The Parties agree to implement data recovery procedures specifically for software applications, including configuration files, databases, and user data. Both Parties will ensure that critical application data is regularly backed up and can be restored within the required timeframes in the event of system failure, software errors, or data corruption.
Data recovery clause (with testing of recovery systems)
This clause includes regular testing of recovery systems.
The Parties agree to test their data recovery systems at least once every [X] months to ensure their effectiveness. Both Parties will conduct recovery drills to simulate real-life data loss events and will use these tests to identify weaknesses in their recovery procedures and make necessary improvements to minimize recovery time and data loss.
Data recovery clause (with involvement of internal IT teams)
This version involves internal IT teams in the recovery process.
The Parties agree to involve their internal IT teams in the data recovery process for any critical data loss incidents. Both Parties will ensure that their IT teams are trained and equipped to execute recovery procedures and that they work together during data recovery efforts to ensure a smooth and effective recovery process.
Data recovery clause (with priority for high-value data)
This clause includes prioritization of high-value data.
The Parties agree to prioritize the recovery of high-value data, including financial records, customer information, and intellectual property, during the data recovery process. Both Parties will ensure that these records are restored first, followed by less critical data, to minimize the impact of data loss on critical business operations.
Data recovery clause (with acknowledgment of recovery risks)
This version acknowledges the risks associated with data recovery.
The Parties acknowledge that data recovery may involve risks, including the potential for data corruption or loss during the recovery process. Both Parties agree to mitigate these risks by following best practices for data recovery, including regular backups, testing recovery procedures, and ensuring that recovery efforts are supervised by qualified personnel.
Data recovery clause (with allocation of recovery costs)
This clause includes the allocation of recovery costs.
The Parties agree to allocate the costs associated with data recovery based on the circumstances of the data loss. In the event of a system failure or data corruption caused by either Party's negligence, the responsible Party will bear the full costs of recovery. Otherwise, both Parties will share the costs of recovery equally.
Data recovery clause (with regular monitoring of recovery readiness)
This version includes regular monitoring of recovery readiness.
The Parties agree to continuously monitor the readiness of their data recovery systems to ensure that they are capable of responding promptly to any data loss event. Both Parties will assess their recovery systems on a quarterly basis and take corrective actions if any gaps in recovery readiness are identified.
Data recovery clause (with provision for manual data recovery)
This clause includes provisions for manual recovery.
In the event that automated data recovery systems fail to restore data, the Parties agree to implement manual data recovery procedures. Both Parties will assign qualified personnel to manually recover lost or corrupted data from backups or other available sources and will ensure that this process is completed in a timely and secure manner.
Data recovery clause (with responsibility for notifying clients of data loss)
This version includes client notification in the event of data loss.
The Parties agree that, in the event of data loss that affects customer data, both Parties will promptly notify affected clients. Both Parties will work together to provide clear information about the nature of the data loss, the steps taken to recover the data, and any corrective actions implemented to prevent future occurrences.
Data recovery clause (with verification of recovered data integrity)
This clause includes verification of data integrity after recovery.
The Parties agree to verify the integrity of all data recovered during the recovery process. Both Parties will perform checks to ensure that the recovered data is complete, accurate, and free from corruption, and will take corrective action if any discrepancies or issues are found with the recovered data.
Data recovery clause (with backup for regulatory data retention)
This version focuses on backup for regulatory data retention.
The Parties agree to maintain backups of all records subject to regulatory data retention requirements. Both Parties will ensure that these records are stored in secure locations and can be rapidly recovered in the event of data loss, in compliance with applicable laws and regulations governing data retention.
Data recovery clause (with involvement of legal team in recovery)
This clause involves the legal team in the recovery process.
The Parties agree to involve their legal teams in the data recovery process when the loss of data may affect legal, regulatory, or compliance obligations. Both Parties will ensure that legal teams are consulted before any data is deleted or restored to ensure compliance with legal requirements and to mitigate the risk of legal exposure.
Data recovery clause (with long-term recovery strategy)
This version ensures a long-term recovery strategy.
The Parties agree to develop and implement a long-term data recovery strategy that includes regular assessments of evolving technologies and potential future risks to data security. Both Parties will ensure that their recovery plans are updated annually to incorporate new recovery tools and practices that improve the efficiency and effectiveness of data restoration efforts.
Data recovery clause (with insurance coverage for recovery costs)
This clause includes insurance coverage for recovery costs.
The Parties agree to maintain insurance coverage that specifically covers the costs associated with data recovery, including expenses incurred due to system failures, cyberattacks, or natural disasters. Both Parties will ensure that their insurance policies are sufficient to cover the full scope of recovery costs and related business interruptions.
Data recovery clause (with provision for incremental recovery)
This version includes incremental recovery provisions.
The Parties agree to implement an incremental data recovery process, whereby data is recovered in stages to ensure that critical information is restored first, followed by other less critical data. Both Parties will prioritize the restoration of critical business functions and verify the integrity of each stage before proceeding to the next.
Data recovery clause (with multi-site recovery)
This clause includes provisions for multi-site data recovery.
The Parties agree to implement multi-site data recovery procedures to ensure that data can be restored from alternative sites in the event of a primary site failure. Both Parties will ensure that data is replicated across multiple secure sites and that recovery from any of these sites can be initiated within the required recovery timeframes.
Data recovery clause (with evaluation of recovery success rate)
This version includes an evaluation of recovery success.
The Parties agree to evaluate the success rate of the data recovery process on an annual basis. Both Parties will assess the percentage of data successfully recovered, the time taken for recovery, and any issues encountered during the process. This evaluation will be used to improve future recovery efforts and address any weaknesses in the process.
Data recovery clause (with collaboration on recovery planning)
This clause ensures collaboration in recovery planning.
The Parties agree to collaborate in the development and ongoing review of the data recovery plan. Both Parties will share information, resources, and expertise to ensure that the recovery process is effective and that both Parties’ critical data and systems can be restored in a timely manner following any data loss incident.
Data recovery clause (with the use of cloud-based recovery solutions)
This version involves the use of cloud-based recovery solutions.
The Parties agree to utilize cloud-based recovery solutions to store critical data backups. Both Parties will ensure that cloud storage providers meet security and compliance standards and that data can be recovered swiftly from the cloud in the event of a system failure or data loss incident.
Data recovery clause (with responsibility for maintaining backup systems)
This clause specifies responsibility for backup systems.
The Parties agree that each Party will maintain its own backup systems, ensuring that data is regularly backed up and can be restored in the event of data loss. Both Parties will ensure that backup systems are regularly tested for reliability and that they comply with security standards for data protection.
Data recovery clause (with data recovery verification)
This clause includes verification of data recovery.
The Parties agree that once data has been recovered, the Parties will verify that the data is intact and accurate. Both Parties will conduct a thorough check to ensure that the restored data matches the original, with no corruption or loss of information, before resuming normal operations.
Data recovery clause (with inclusion of business continuity)
This version includes business continuity considerations.
The Parties agree that data recovery will be integrated with the overall business continuity plan, ensuring that, in the event of a data loss, essential business functions can continue without disruption. Both Parties will ensure that critical data and processes are prioritized during recovery efforts to minimize operational downtime.
Data recovery clause (with timeline for full recovery)
This clause specifies a timeline for full recovery.
The Parties agree to restore critical data and systems within [X] hours or business days following a data loss incident. Both Parties will make every reasonable effort to ensure that full recovery, including less critical data, is completed within [X] business days, to minimize operational disruption.
Data recovery clause (with disaster-specific recovery procedures)
This version involves disaster-specific recovery procedures.
The Parties agree to develop disaster-specific recovery procedures that address different types of disasters, including cyberattacks, power failures, and natural disasters. Both Parties will ensure that each type of disaster is accounted for in the recovery plan, and that recovery procedures are tailored to the nature and scale of the disaster.
Data recovery clause (with encryption of backup data)
This clause includes encryption for backup data.
The Parties agree to ensure that all backup data is encrypted using industry-standard encryption protocols. Both Parties will ensure that backup data remains encrypted during storage and transit, so that sensitive information is protected from unauthorized access during the recovery process.
Data recovery clause (with periodic backup testing)
This version requires periodic testing of backups.
The Parties agree to test their data backups on a quarterly basis to ensure that data can be successfully restored in the event of data loss. Both Parties will verify the integrity and completeness of backup data during these tests and address any issues identified to ensure the effectiveness of the recovery process.
Data recovery clause (with compliance with regulatory recovery standards)
This clause ensures compliance with regulatory recovery standards.
The Parties agree to comply with all relevant regulatory standards for data recovery, including those related to data protection, privacy, and industry-specific requirements. Both Parties will ensure that the recovery process adheres to these standards and that data recovery efforts are documented and verifiable for regulatory inspections.
Data recovery clause (with a communication plan during recovery)
This version includes a communication plan during recovery.
The Parties agree to implement a communication plan during the data recovery process to ensure that all stakeholders are informed of the progress, status, and expected recovery timelines. Both Parties will provide regular updates to employees, customers, and partners, as needed, to minimize uncertainty and ensure operational transparency.
Data recovery clause (with recovery from corrupted backup)
This clause addresses recovery from corrupted backups.
The Parties agree to take corrective action in the event that a backup is found to be corrupted during the recovery process. Both Parties will utilize alternative recovery methods, such as cloud backups or secondary backup systems, to ensure that critical data is restored in a timely and secure manner, even if the primary backup is corrupted.
Data recovery clause (with regular review of recovery processes)
This version includes a regular review of recovery processes.
The Parties agree to review the data recovery process and update it annually to reflect changes in technology, business operations, and potential data risks. Both Parties will ensure that the recovery process remains effective, up-to-date, and capable of restoring critical data quickly and securely.
Data recovery clause (with geographic redundancy)
This clause involves geographic redundancy for data storage.
The Parties agree to implement geographic redundancy by storing backup data in multiple physical locations to mitigate risks related to localized data loss events. Both Parties will ensure that data can be restored from an alternative location if a primary data storage site becomes unavailable due to natural disasters, technical issues, or other disruptions.
Data recovery clause (with a recovery plan for virtual environments)
This version addresses recovery for virtual environments.
The Parties agree to implement a recovery plan specifically for virtual environments, including virtual machines, containers, and cloud infrastructures. Both Parties will ensure that virtualized data can be recovered rapidly, using appropriate tools and technologies that support the fast restoration of virtual environments in the event of data loss.
Data recovery clause (with recovery training for employees)
This clause includes training for employees on recovery procedures.
The Parties agree to provide regular training to their employees on data recovery procedures and best practices. Both Parties will ensure that employees are familiar with the recovery plan, including their specific roles and responsibilities in the event of a data loss incident, to ensure a swift and coordinated recovery process.
Data recovery clause (with provision for external recovery resources)
This version involves external resources for data recovery.
The Parties agree to engage external resources, such as third-party data recovery experts or service providers, in the event of a large-scale data loss incident. Both Parties will ensure that these external resources are vetted for their ability to recover data quickly, securely, and in compliance with all relevant data protection standards.
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.