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Penetration Testing Confidentiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

Penetration Testing Confidentiality Agreement

"I need a Penetration Testing Confidentiality Agreement for our Malaysian bank that complies with Bank Negara Malaysia guidelines and includes specific provisions for handling customer financial data, with testing scheduled to begin March 2025."

Document background
The Penetration Testing Confidentiality Agreement is essential when engaging external security professionals to conduct authorized system testing and vulnerability assessments. This document, governed by Malaysian law, provides the necessary legal framework to protect both the service provider and the client organization during security testing activities. It specifically addresses the authorized scope of testing, handling of discovered vulnerabilities, and confidentiality obligations regarding sensitive information encountered during the assessment. The agreement ensures compliance with Malaysian cybersecurity legislation, including the Personal Data Protection Act 2010 and Computer Crimes Act 1997, while facilitating professional security testing services. It is particularly crucial for organizations seeking to maintain regulatory compliance, protect sensitive data, and manage security risks through external expertise.
Suggested Sections

1. Parties: Identification of the service provider (penetration testing company) and the client organization

2. Background: Context of the agreement, including the purpose of the penetration testing services

3. Definitions: Key terms including 'Penetration Testing', 'Confidential Information', 'Testing Period', 'Systems', 'Reports', and 'Security Vulnerabilities'

4. Scope of Testing Authorization: Explicit authorization for the penetration testing activities and defined boundaries of permitted actions

5. Confidentiality Obligations: Detailed obligations regarding the handling and protection of confidential information discovered during testing

6. Security Measures: Security protocols and measures to be followed during testing and in handling discovered information

7. Reporting and Documentation: Requirements for documenting findings and delivering reports

8. Legal Compliance: Compliance with Malaysian laws including PDPA, Computer Crimes Act, and other relevant legislation

9. Term and Termination: Duration of the agreement and conditions for termination

10. Return or Destruction of Information: Procedures for handling confidential information after testing completion

11. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Emergency Response Procedures: Procedures for handling critical vulnerabilities discovered during testing - include when real-time security response is required

2. Third Party Access: Rules for involving third-party consultants or tools - include when subcontractors may be involved

3. International Data Transfer: Provisions for cross-border data handling - include when testing involves international systems or data transfer

4. Insurance and Liability: Specific insurance requirements and liability limitations - include for high-risk testing scenarios

5. Public Disclosure: Rules for publishing or discussing findings - include when academic or public disclosure might be desired

6. Government Reporting: Procedures for mandatory reporting to authorities - include when testing regulated industries

Suggested Schedules

1. Schedule 1: Testing Scope: Detailed description of systems, networks, and applications to be tested

2. Schedule 2: Testing Methodology: Specific testing approaches, tools, and techniques to be employed

3. Schedule 3: Timeline and Milestones: Testing schedule, key dates, and delivery timelines

4. Schedule 4: Security Protocols: Specific security measures for handling sensitive data and findings

5. Schedule 5: Reporting Templates: Standard formats for vulnerability reporting and documentation

6. Appendix A: Contact Information: Key personnel and emergency contacts for both parties

7. Appendix B: Approved Tools List: List of authorized testing tools and software to be used

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

Healthcare

Technology

Government

Telecommunications

E-commerce

Defense

Critical Infrastructure

Education

Manufacturing

Professional Services

Energy

Relevant Teams

Information Security

Legal

Compliance

Risk Management

IT Operations

Procurement

Information Technology

Security Operations

Privacy

Vendor Management

Relevant Roles

Chief Information Security Officer

IT Security Manager

Compliance Officer

Legal Counsel

Risk Manager

Information Security Analyst

Security Consultant

Penetration Tester

IT Director

Chief Technology Officer

Privacy Officer

Security Operations Manager

Contract Manager

Information Security Director

Chief Risk Officer

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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