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.
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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
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
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 Ƶ: 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
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
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