What should we do when a cloud or storage vendor holds our records and the contract is ending or the vendor goes out of business?

When a third party holds your records, you remain the records owner and the accountable party. A contract ending or a vendor failing does not transfer that responsibility away from your organization. The goal in either case is the same: recover complete, usable, authentic records before access disappears.

Plan the exit before you need it

The best protection is built into the relationship, not improvised at the end. Whenever practical, make sure your agreements address what happens when service stops, including:

• A defined transition or wind-down period after termination.
• Your right to retrieve all records and associated metadata.
• Export in open, non-proprietary formats rather than data locked to one platform.
• Certified deletion of any copies the vendor retains afterward.
• Notice obligations if the vendor faces insolvency or discontinues the service.

Keeping records portable from the start reduces dependence on any single provider.

When a contract is ending

Treat the wind-down as a migration project. Inventory what is held, confirm which records are still under retention, and export everything along with metadata, audit trails, and any structure needed to keep records understandable over time. Validate the exported set against the source before you let access lapse, and document the chain of custody so the records stay trustworthy and defensible.

When a vendor goes out of business

Act quickly, because access may end with little warning. Identify the legal contact, receiver, or successor and assert your ownership of the data in writing. Request immediate export or a copy of your holdings. Preserve any communications, invoices, and contracts as evidence of what you are owed. If records are subject to litigation holds, regulatory retention, or public-records obligations, escalate to legal counsel without delay.

Reduce future risk

Avoid concentrating irreplaceable records with one provider. Maintain independent backups or copies you control, prefer durable open formats, and revisit your continuity plans periodically. Sound digital preservation practice assumes that systems and vendors change, and keeps records readable and authentic across those transitions.

For more on keeping records usable over the long term, see the archives and preservation topic hub.