Pre–deposit
This section of the toolkit highlights the importance of clear and open communication with potential depositors. It explains the key issues that will need to be discussed, such as access restrictions, copyright and costs. It also provides advice on creating deposit agreements and encourages archive services to develop more ethical and equitable relationships with depositors.
- Communicate clearly and openly with potential depositors. Take time to understand the collection, the depositor and their community.
- If they are interested in depositing, discuss the key issues, including access restrictions, copyright and costs.
- Have a deposit agreement with a fixed term.
- Ensure the depositor understands the deposit agreement.
- For some collections, consider taking a more collaborative approach, developing ethical and equitable relationships where responsibility for the collection is shared between the archive service and (or handed over to) the depositor or the community from which the collection originates.
When a potential depositor initially approaches an archive service, it is important to communicate clearly and openly. Do not assume they understand how your archive service works or the difference between a donation and a deposit. Value and recognise the knowledge, expertise and perspectives they bring. Be aware that they may have a strong emotional connection to the collection. Be clear with the depositor about your expectations and what resources you can commit.
You will also want to understand the collection, including its context and formats. This will help establish what will be deposited. Large or complex collections will require some type of scoping assessment or survey to understand in greater depth what is held (see Links and resources for further information).
In some cases, the archive service may wish to consider developing a more ethical and equitable relationship with the depositor around the management of the collection. We explore this in more detail in the Ethical and equitable relationships section.
“It’s a good idea to ask them some questions about the collection – what is in it, how much of it is there, do they have anything else, what is the background or history of the collection?”
Norfolk Record Office. Collections management – Relationship with the Donor
Following the initial communication, there are several things you will need to discuss with the potential depositor in more detail if they are interested in depositing. This will help inform the terms of the deposit.
The key issues, some of which are also relevant for donations, include:
- Right home: Are you the right archive service to hold the collection? Does it meet your Collections Development Policy? Do you have the appropriate facilities and skills to preserve the collection and make it accessible? Might the collection (or part of it) be better suited to another archive service? This should be explored in collaboration with the depositor. For further information, see the Scottish Council on Archives’ A Collecting Policy Framework for Scotland’s Archives and The National Archives’ The right home for your archives
- Ownership: Does the depositor own the collection and/or the authority to deposit? Are there any ethical issues around its provenance or ownership? For example, with solicitors’ collections, certain records may belong to their clients (see Links and resources for more information).
- Data protection: If parts of the collection contain personal information, who will be the data controller? The archive service (or its parent body), the depositor/owner, or both jointly? For more information about this, see the Archives & Records Association’s Generally Recognised Standards for archiving in the public interest.
- Access: Will any parts of the collection be subject to access restrictions or redaction due to sensitivity or privacy concerns? How will these be identified? What procedures will be followed if users do require access? For digital materials, is any part of the collection encrypted or password-protected? If access to most of the collection is to be restricted, the archive service may wish to assess whether the benefits of holding the collection outweigh this limitation. For links to guidance about Freedom of Information and deposited collections, see the Links and resources.
- Copyright: Copyright is complex and ownership of the collection does not necessarily mean copyright ownership. Does the depositor own the copyright? Who else might hold copyright? How are the archive service and third parties able to reuse parts of the collection (or not)? For digital materials, will you need any permissions to carry out any digital preservation activities (e.g. migration, copying)?
- Cataloguing and conservation: What is the archive service’s approach to cataloguing and conservation for deposited collections? Will there be any costs for this (see below)?
- Costs: Will there be any initial costs for the transfer, cataloguing, packaging, conservation or preservation activities? Will there be an ongoing management and maintenance charge? If the depositor is to withdraw the records in the future, will the archive service charge them? Does the archive service’s insurance cover the deposit or will the depositor need its own insurance?
- Transfer: How will the collection be moved or transferred to the archive service? Is there guidance for the depositor on the transfer process, particularly for digital materials?
- Contact: How will the depositor and archive service maintain contact? What happens if the contact for an organisation leaves or an individual moves address or passes away? Who are the other key contacts in the organisation or family? We explore this in the Relationships management section in more detail.
“32. Members negotiating with transferring officials or owners of records should seek fair decisions based on full consideration – when applicable – of the following factors: authority to transfer, donate, or sell; financial arrangements and benefits; plans for processing; copyright and conditions of access.”
Archives and Records Association (United Kingdom and Ireland) (2024). ARA Code of Ethics (updated March 2024).
A deposit agreement is a written contract between the depositor and an archive service that outlines the terms of the deposit. Most archive services will offer a standard deposit agreement, with certain sections (such as access restrictions or copyright) that can be tailored. The deposit agreement must be discussed with and understood by the depositor. However, major changes to standard agreements can make future management of collections difficult.
We recommend that the agreement has a fixed term ending upon expiry unless it is formally renewed. We do not recommend using ‘indefinite’ periods, which will usually continue until the depositor or archive services choose to bring the deposit to an end, or a ‘permanent’ loan/deposit. Common terms can range from 10 years to 50 years.
The National Archives’ Loan (deposit) agreements for privately-owned archives include guidance and a checklist of points to include in an agreement. We have also developed a checklist and we link to some agreements in the Links and resources section below. Archive services and depositors should consider legal advice on any deposit agreement created. The final agreement should be signed by both the archive service and the depositor, preferably before the collection is deposited (although in practice this might come later).
“The term ‘permanent loan’ has caused many problems. Its inclusion in previous Loan Agreements, whether formal or informal, has led to misunderstandings between depositors and repositories, and between repositories and grant-awarding bodies, when material originally held on loan has subsequently been offered for sale. The term ‘permanent loan’ should be avoided in any new Loan Agreements, and should be regarded as unsound in any existing agreements, which may therefore need to be renegotiated”.
The National Archives (2006). Loan (deposit) agreements for privately-owned archives. Reproduced using an Open Government Licence.
For some collections, the archive service should consider taking a more collaborative approach, developing ethical and equitable relationships where responsibility for the care, use and interpretation of the collection is shared between the archive service and (or handed over to) the depositor or the community from which the collection originates. This is particularly important for minoritised groups or collections that have strong emotional connections to an individual, group or community. This approach does not have to be limited to deposited collections; it can also be taken with existing collections, donations and in engagement work.
Begin by taking the time to understand the potential depositor, their community and their collections. Learn about what they value, their needs and concerns, and their cultural heritage. Approach conversations with empathetic active listening. Focus on building a relationship based on trust before discussing any potential deposit or donation. If the group wishes to care for the collection itself, ask them what support or help they need. Above all, respect and acknowledge the skills, knowledge and perspectives they bring.
Developing such relationships and trust can take time. However, if they decide to deposit a collection with an archive service, then a traditional deposit agreement might not be appropriate. Work with them to develop an agreement or memorandum of understanding which focuses on how the collection will be collaboratively managed. Once established, ensure the relationship is sustained – we explore this more in the Post deposit – Ethical and equitable partnerships section.
“A common theme was a lack of respect or value accorded to the community group and a requirement to work to the heritage organisation’s priorities and timetable. Work that was described as “co-curation” by heritage organisations often, in reality, gave community groups very little power or decision-making. Meaningful co-design and co-curation of exhibitions/collections is only possible when community groups’ views, time and expertise is valued, and when they have control and power to make choice.”
Maya Sharma, Marta Riccardi and Safina Islam (2022). If Nothing Changes, Nothing Changes, Ahmed Iqbal Ullah Education Trust, p.37.
Agreements:
Archives & Records Association’s Generally Recognised Standards for archiving in the public nterest
Cumbria Archives (2024). Terms of Agreement for the Donation or Deposit of Records
Culture Perth & Kinross Archive (2023). Terms and Conditions of Deposit
Digital Preservation Coalition. Digital Preservation Handbook: Summary of issues for licences and deposit agreements
The National Archives (2006). Loan (deposit) agreements for privately-owned archives
The National Archives (2018). Guide to archiving personal data (see pp.26-27 on deposit agreements)
University of Oxford & University of Manchester (2007). PARADIGM Workbook on Digital Private Papers (Section 3 outlines what should be included in a deposit agreement for digital private papers)
Gabriela Redwine, Megan Barnard, Kate Donovan, Erika Farr, Michael Forstrom, Will Hansen, Jeremy Leighton John, Nancy Kuhl, Seth Shaw, and Susan Thomas (2013).
Born Digital: Guidance for Donors, Dealers, and Archival Repositories (Section 4.1 covers agreements)
Katy Sternberger (2025). Deposit Agreements: Challenges and Solutions, January/February 2025 Issue of Archival Outlook (USA example, but good article on updating a deposit agreement)
University of Glasgow Archives & Special Collections (2021). Standard terms and conditions of the deposit of records
Freedom of Information:
Information Commissioner’s Office (2023). Information you hold for the purposes of FOIA
The National Archives (2005). Guidance on assessing whether deposited private archive collections are covered by the Freedom of Information Act 2000 (FOI)
Scottish Information Commissioner (2020). FOISA Guidance Section 17: Information not held
Ownership:
British Records Association (2021). Guidance on keeping Archives of Solicitors and Law Firms
Collections Trust (2015). Acquiring objects – due diligence checklist
Law Society (England and Wales) (2020). Ownership of documents
Law Society of Scotland (2022). The Ownership and Destruction of Files
Kevin Ward (1995). ‘Pre-registration title deeds. Part 1: The legal issues of ownership, custody and abandonment’, Journal of Society of Archivists, Vol, 16. No. 1, Spring 1995 p.p. 27-39.
Partnerships:
Itza A Carbajal (2021). ‘The Politics of Being an Archival Donor: Defining the Affective Relationship Between Archival Donors and Archivists’, Journal of Critical Library and Information Studies, Vol. 3 No. 2 (2021): Radical Empathy in Archival Practice. This article focuses on donors rather than depositors but argues for “shifting the role of donors from spectators to active contributors”.
Scottish Civic Trust (2022). Co-creating heritage projects with marginalised people (video). With the European Heritage Days, they have also created an Inclusive Events Toolkit.
Maya Sharma, Marta Riccardi and Safina Islam (2022). If Nothing Changes, Nothing Changes, Ahmed Iqbal Ullah Education Trust. Section 7.2.2 includes an excellent section on ‘Working ethically with Global Majority heritage and communities’.
University of Leicester (2021). An ethical framework for collaborating with communities. Aimed at museums, but also relevant for archive services.
Scoping assessment and surveys:
Norfolk Record Office. Collections management – What to consider before accepting items for your community archive
The National Archives. Scoping Grants
The National Archives. Digital preservation workflows: 1.2 Select and appraise
Managing Business Archives. Carrying Out a Records Survey and Information Audit
Scottish Council on Archives. Business Archives
Scottish Council on Archives. Getting Started with Digital Preservation (includes guidance on using DROID, which is a useful tool for surveying digital materials).