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Cyber Security Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Cyber Security Agreement

"I need a Cyber Security Agreement governed by Hong Kong law for a fintech company engaging a third-party security provider to manage cloud security and handle incident response, with special attention to financial regulatory compliance and cross-border data transfers to mainland China."

Document background
This Cyber Security Agreement is essential for organizations operating in Hong Kong seeking to establish formal cybersecurity arrangements with service providers or internal departments. The document is particularly relevant in light of increasing cyber threats and stringent regulatory requirements in Hong Kong, including compliance with the Personal Data (Privacy) Ordinance and cybersecurity guidelines issued by various regulatory bodies. It outlines comprehensive security measures, incident response procedures, and service level commitments while addressing specific Hong Kong legal requirements and international best practices. The agreement is crucial for protecting digital assets, maintaining data privacy, and ensuring business continuity in an increasingly complex cyber threat landscape.
Suggested Sections

1. Parties: Identification of the contracting parties, including registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of the security arrangements

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Scope of Services: Detailed description of cyber security services, protection measures, and coverage

5. Security Requirements: Specific security controls, standards, and protocols to be implemented

6. Incident Response: Procedures for detecting, reporting, and responding to security incidents

7. Data Protection and Privacy: Compliance with PDPO and data protection measures

8. Confidentiality: Protection of confidential information exchanged between parties

9. Audit and Compliance: Rights to audit, compliance requirements, and reporting obligations

10. Service Levels: Performance metrics, response times, and service level commitments

11. Term and Termination: Duration of agreement and termination provisions

12. Liability and Indemnification: Allocation of risk, limitation of liability, and indemnification terms

13. General Provisions: Standard legal provisions including governing law, notices, and amendments

Optional Sections

1. Cross-Border Data Transfers: Required when data will be transferred outside Hong Kong, including compliance with international data protection laws

2. Business Continuity: Include when critical systems or operations are involved, detailing disaster recovery and business continuity requirements

3. Third-Party Security: Necessary when third-party vendors or subcontractors are involved in providing security services

4. Cloud Security: Required for agreements involving cloud services or cloud-based security solutions

5. Industry-Specific Compliance: Include for regulated industries like banking or healthcare, addressing specific regulatory requirements

6. Personnel Security: Important when provider's staff will have access to sensitive systems or data

7. Insurance Requirements: Include when specific cyber insurance coverage is required

Suggested Schedules

1. Schedule 1 - Security Controls and Standards: Detailed technical specifications of security controls and compliance standards

2. Schedule 2 - Service Level Agreement: Detailed metrics, response times, and performance requirements

3. Schedule 3 - Incident Response Plan: Detailed procedures and protocols for security incident handling

4. Schedule 4 - Fee Schedule: Pricing details and payment terms for security services

5. Schedule 5 - Data Processing Requirements: Specific requirements for handling personal and sensitive data

6. Appendix A - Contact Information: Key contacts for security incidents, escalations, and notices

7. Appendix B - Technical Infrastructure: Description of systems, networks, and infrastructure covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
















































Clauses




































Relevant Industries

Financial Services

Banking

Insurance

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Manufacturing

Retail

Education

Government and Public Sector

Transportation and Logistics

Relevant Teams

Information Security

IT Operations

Legal

Compliance

Risk Management

Data Protection

Infrastructure

Digital Operations

Procurement

Vendor Management

Security Operations Center

Internal Audit

Business Continuity

Relevant Roles

Chief Information Security Officer (CISO)

Chief Technology Officer (CTO)

IT Director

Security Operations Manager

Compliance Officer

Risk Manager

Data Protection Officer

IT Security Manager

Information Security Analyst

Legal Counsel

Privacy Officer

Security Architect

IT Procurement Manager

Chief Risk Officer

Digital Operations Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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