Use cases and implementation

Examples of software escrow use cases and implementation

Explore real-world examples of how IT escrow services are applied—including source code escrow, machine code escrow, and technical verification. Full reference details, including company names, are available upon signing a non-disclosure agreement (NDA).

• Polish software house signs with a US tech giant
  A Polish joint-stock company specializing in custom software had worked for years with a German partner. When the German company was acquired by a US corporation, the new owner required a source code escrow agreement. After failed negotiations with UK and German agents, the company chose Axteon—Poland's only provider offering agreements adapted to local legal requirements. Within two weeks, a Level 2 verification agreement was signed, and Axteon was accepted by the American partner as a trusted escrow agent.
• European bank secures a key IT system
  Concerned about one of its IT vendors, a major European bank decided to purchase the source code of a critical system. They needed a secure transfer, storage, and verification solution—Axteon delivered a complete software escrow service tailored for the financial sector.
• Machine code escrow in the pharmaceutical industry
  A global pharmaceutical company using specialized equipment in vaccine production only had machine code access through the vendor. After a risk assessment, they chose to escrow the control system’s machine code to ensure production continuity and reduce dependency on the supplier.
• Escrow in a custom software development project
  A Ruby on Rails developer working for a major company in Warsaw had already undergone an audit. However, the client required both source code escrow and code quality verification as added protection under the SLA and to guarantee service continuity.
• Reservation system for a medical event organizer
  A company organizing prestigious medical events launched a custom online reservation and payment system. Developed by a small software house, the system posed technological risk. The solution? Source code escrow to protect against system failure.

Industries using source code escrow services

• Finance and banking:
  Following the 2013 KNF Recommendation D (point 10.8), financial institutions in Poland should use source code escrow to reduce technology risk when working with IT vendors. Axteon provides escrow services compliant with these recommendations.
• Software development companies:
  Software houses can boost their credibility and competitiveness by offering escrow for source code, data, technology, or cloud solutions—an asset in both public and corporate tenders.
• Law firms:
  Legal advisors often deal with escrow clauses in large IT contracts. Axteon partners with law firms as both a technical and strategic advisor, offering escrow, code audits, and verification.
• Notarial offices and IT escrow:
  Notarial escrow in Poland covers only money and securities—not digital assets. As such, IT escrow for code, data, and software is handled by specialized providers like Axteon.
• Public institutions:
  Source code escrow is frequently required in public procurement contracts in Poland. According to guidelines from the Polish Public Procurement Office (2009), institutions should obtain source code and documentation at the system handover stage.
• Pharmaceutical industry:
  GxP-compliant companies often require SLA agreements. To ensure business continuity, many sign escrow agreements for controller code and technical documentation.
• Startups and investors:
  Startups enhance their investment appeal by offering escrow for code, data, and technology. Investors gain assurance that their capital is protected—even if the company fails.
• Organizations with ISO 22301 / ISO 9001:2015:
  IT escrow can support Business Continuity Plans (BCP) and disaster recovery strategies—helping meet ISO requirements.

How is IT escrow different from notarial escrow?

Unlike notarial escrow (which is legally limited to funds and securities), IT escrow allows secure storage of:

• Source code and machine code
• Project documentation
• Production data
• License keys
• Cloud resources