Continuity Declaration

The continuity declaration is intended to maintain underlying services needed for the SaaS service. Consider hosting and third-party licensing.The relevant service provider then declares that it will continue to provide the services for a specified period of time and on what terms.


The agreements in the continuity declaration give software vendor and user time to:

  • Extract any data from the server
  • Keep a business process available
  • Set up an alternative application platform

The material in the repository also contains the necessary instructions and access information to, for example:

  • Customer data to be separated
  • Back up the data
  • Deploy virtual machines or containers

Services at Cloud Services
Alternatively, the underlying services may be hosted by Cloud services, such as Amazon Web Services (AWS), Microsoft Azure, Google Cloud or Heroku. The continuity declaration then provides for taking the necessary measures
To (temporarily) maintain the Cloud environment and/or transfer it to beneficiary. Those measures can be financial, technical or a combination of both.

A foundation or other entity as a delegated beneficiary
In certain situations, it may be desirable to establish a foundation or other entity form to act as a delegated beneficiary. The beneficiaries have delegated acting to this entity and the entity then acts on behalf of or for the beneficiaries on the escrow arrangement. Materials are not delivered directly to beneficiaries. Establishing your own foundation continuity can be provided in cooperation with Escrow Alliance.

A delegated beneficiary (foundation or other entity form):

  • Represents the interests of beneficiaries
  • May continue the service or product 
  • May maintain service or product for beneficiaries as necessary

In the event the escrow arrangement is called upon:

  • Receives necessary materials from the delegate beneficiary
  • Are the necessary rights activated so that the delegated beneficiary is able to continue the service or product on behalf of and/or for beneficiaries (temporarily)

What is the most suitable solution
for your situation?

Find out about the possibilities, we are happy to think along with you.