The escrow process at Softcrow
Agreement
One-off: the basis for the entire escrow scheme.
| Step | Process | Performing party | More information |
|---|---|---|---|
| 1 | Intake and advisory meeting | Softcrow + parties | Get in touch → |
| 2 | Drawing up the agreement | Softcrow | About the agreement → Release conditions → Example agreement → |
| 3 | Signing | All parties |
Softcrow uses a proven standard agreement that has been in use for more than 30 years and has been reviewed by many lawyers at renowned law firms and companies. In most cases the standard suffices straight away. Customisation is included in the one-off start-up costs. From the first conversation to signing is usually a matter of days.
Delivery and storage
From a new software release to verified storage: who does what.
| Step | Process | Performing party | More information |
|---|---|---|---|
| 1 | New software release | Supplier | |
| 2 | Specify the deposit | Supplier | |
| 3 | Delivery of the deposit | Supplier | Deposit options → |
| 4 | Secure storage | Softcrow | Secure storage → Zero-knowledge → |
| 5 | Key verification | Beneficiary | Key verification → |
| 6 | Verification audit | Supplier | Verification audit → |
| 7 | Verified storage | Softcrow | Verified storage → |
Steps 1 and 2 are the supplier’s responsibility. With each new release the supplier encrypts the source code with the Softcrow CLI and delivers the deposit. The encryption key stays outside Softcrow and is shared out-of-band with the beneficiary.
Step 4, the key verification, is the beneficiary’s initiative.
Step 5, the verification audit, is carried out by the supplier, usually at the beneficiary’s request. The supplier builds a working environment from the deposit, in line with the description supplied in advance. This takes place under the supervision of an independent IT auditor affiliated with NOREA, who records their findings in a report. The deposit thereby gains the status of verified storage. This distinguishes it from deposits that have not been tested in this way. Softcrow records this status in the Dashboard.
Release
Once the release conditions are met, Softcrow releases the deposit to the beneficiary.
| Step | Process | Performing party | More information |
|---|---|---|---|
| 1 | Release request | Beneficiary | What happens in the event of bankruptcy? → |
| 2 | Assessment against the release conditions | Softcrow | |
| 3 | Release of the deposit | Softcrow |
The release conditions are laid down in the escrow agreement. Softcrow assesses whether those conditions are met before the deposit is released. Softcrow enables the beneficiary to download the deposit. With their own encryption key the deposit can be extracted, after which the readable files are available for further development or maintenance of the software. This safeguards continuity.
Not every release request is uncontested. If the situation is disputed by one of the parties, Softcrow takes no position on the dispute. The parties have agreed that in that case they refer the dispute to the SGOA (Stichting Geschillenoplossing Automatisering), a recognised institute for ICT conflicts that leads to a binding ruling by IT experts and lawyers.