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Penetration Testing Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Penetration Testing Confidentiality Agreement is essential for organizations engaging in authorized security testing of their systems and networks. This document, governed by Hong Kong law, establishes the legal framework for conducting security assessments while protecting sensitive information discovered during testing. It's particularly important given Hong Kong's robust data protection regime and cybersecurity requirements. The agreement covers critical aspects such as scope of testing, handling of vulnerability information, confidentiality obligations, and reporting requirements. It's designed to protect both the testing organization and the client while ensuring compliance with relevant Hong Kong regulations including the Personal Data (Privacy) Ordinance and cybercrime laws. This agreement should be executed before any penetration testing activities commence.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Telecommunications

E-commerce

Government

Education

Manufacturing

Professional Services

Retail

Transportation

Logistics

Critical Infrastructure

Relevant Teams

Legal

Information Security

IT

Risk Management

Compliance

Procurement

Information Technology Governance

Security Operations

Data Protection

Internal Audit

Vendor Management

Relevant Roles

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

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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