During a penetration test, information changes hands that would make an attack considerably easier in the wrong hands: network diagrams and IP ranges, test accounts, details about firewalls and security solutions – and, at the end, a report that describes vulnerabilities along with how to exploit them. A non-disclosure agreement – also called a confidentiality agreement or NDA for short – sets out in binding terms that this information may only be used for the agreed purpose, must be carefully protected, and must be returned or deleted once the work is complete.
An NDA also creates clarity before the actual work begins. In the scoping call, it’s easier to talk openly about systems, known vulnerabilities, and past incidents once confidentiality is settled. In addition, an NDA can be one of the reasonable confidentiality measures that the German Trade Secrets Act (GeschGehG) requires for trade secrets to be legally protected.
Our template is tailored to security services: it explicitly lists findings, exploit details, credentials, and architecture information as confidential, assigns test results to the tested company, and governs the deletion of access credentials provided for the test. This means you are free to present reports and test certificates to your auditors, insurers, and business partners.
For professionals bound by professional secrecy – such as law firms, tax advisory firms, audit firms, and medical practices – the generator offers an optional additional clause: it commits the party that may gain insight into professional secrets during the assessment to confidentiality as a person involved in the other party’s professional activities, limits its access to what is necessary, and informs it that violations are punishable under § 203 StGB.