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Penetration Testing Confidentiality Agreement
"I need a Penetration Testing Confidentiality Agreement for a fintech startup in Hong Kong that will be hiring an external security firm to conduct quarterly penetration tests starting March 2025, with specific provisions for handling customer financial data and regulatory reporting requirements."
1. Parties: Identification of the penetration testing service provider and the client organization
2. Background: Context of the agreement, including the purpose of the penetration testing services and the need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'Penetration Testing', 'Test Results', 'Systems', 'Security Vulnerabilities', etc.
4. Scope of Testing Authorization: Explicit authorization for the penetration testing activities and their boundaries
5. Confidentiality Obligations: Core confidentiality provisions, including handling of discovered vulnerabilities and test results
6. Security Measures: Requirements for securing test data, findings, and confidential information
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to team members and regulators
8. Term and Termination: Duration of the agreement and termination provisions
9. Return or Destruction of Confidential Information: Requirements for handling confidential information after testing completion
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, etc.
1. Insurance Requirements: Required when specific insurance coverage needs to be maintained for the testing activities
2. Third Party Access: Include when third-party contractors or tools may be involved in the testing
3. International Data Transfers: Required when testing involves cross-border data transfers
4. Regulatory Compliance: Include for regulated industries with specific compliance requirements
5. Public Disclosure: Include when there's potential for public disclosure of findings (e.g., bug bounty programs)
6. Emergency Procedures: Include when immediate notification procedures for critical vulnerabilities are needed
1. Schedule 1 - Scope of Testing: Detailed technical scope, including systems, networks, and applications to be tested
2. Schedule 2 - Testing Methodology: Outline of the penetration testing methodology and standards to be followed
3. Schedule 3 - Security Protocols: Specific security measures for handling test data and findings
4. Schedule 4 - Contact Details: Key contacts for both parties, including emergency contacts
5. Schedule 5 - Reporting Requirements: Format and content requirements for vulnerability reports and findings
6. Appendix A - Acceptable Use Guidelines: Specific guidelines for conducting the penetration testing
7. Appendix B - Incident Response Procedures: Procedures for handling and reporting security incidents during testing
Authors
Financial Services
Banking
Insurance
Healthcare
Technology
Telecommunications
E-commerce
Government
Education
Manufacturing
Professional Services
Retail
Transportation
Logistics
Critical Infrastructure
Legal
Information Security
IT
Risk Management
Compliance
Procurement
Information Technology Governance
Security Operations
Data Protection
Internal Audit
Vendor Management
Chief Information Security Officer
IT Security Manager
Penetration Tester
Security Consultant
Compliance Officer
Risk Manager
Legal Counsel
IT Director
Security Auditor
Information Security Analyst
Chief Technology Officer
Privacy Officer
Security Operations Manager
IT Governance Manager
Cybersecurity Director
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