Cyber Security Agreement Template for England and Wales

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Key Requirements PROMPT example:

Cyber Security Agreement

I need a Cyber Security Agreement for my fintech startup to engage an external security provider who will manage our cloud infrastructure security and conduct quarterly penetration testing, starting from March 2025.

Document background
This Cyber Security Agreement is designed for use in England and Wales to establish a legally binding framework for the provision of cybersecurity services and implementation of security measures. It addresses the growing need for robust cyber protection in an increasingly digital business environment, incorporating requirements from UK data protection laws, NIS regulations, and industry standards. The agreement is particularly relevant for organizations seeking to formalize their cybersecurity arrangements, whether through external service providers or internal security teams, and includes comprehensive provisions for security protocols, incident response, compliance requirements, and risk allocation.
Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including relevant legislative references

4. Scope of Services: Detailed description of cybersecurity services to be provided

5. Security Requirements: Specific security measures and standards to be implemented

6. Incident Response: Procedures for handling security incidents and breach notifications

7. Confidentiality: Protection of sensitive information and trade secrets

8. Compliance with Laws: Obligations regarding compliance with relevant legislation and standards

9. Term and Termination: Duration of agreement and circumstances for termination

10. Liability and Indemnification: Allocation of risks and responsibilities between parties

Optional Sections

1. Service Level Agreement: Specific performance metrics and standards for ongoing security monitoring services

2. International Data Transfers: Rules and safeguards for cross-border data movement and compliance requirements

3. Personnel Security: Requirements for staff vetting, training, and access controls

4. Insurance Requirements: Specific cyber insurance obligations and coverage requirements

5. Disaster Recovery: Procedures and requirements for system recovery after major incidents

Suggested Schedules

1. Schedule 1 - Security Controls Framework: Detailed technical and organizational security measures to be implemented

2. Schedule 2 - Incident Response Plan: Detailed procedures and protocols for security incident handling

3. Schedule 3 - Service Level Metrics: Specific performance indicators and measurements for security services

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and conditions

5. Schedule 5 - Business Continuity Plan: Procedures for maintaining service during disruptions

6. Schedule 6 - Compliance Requirements: Detailed listing of applicable laws, regulations, and standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

UK GDPR and DPA 2018: Core data protection legislation in the UK post-Brexit, governing how personal data must be processed, stored, and protected

PECR 2003: Privacy and Electronic Communications Regulations governing electronic communications, cookies, and direct marketing

NIS Regulations 2018/2020: Network and Information Systems regulations covering cybersecurity requirements for essential services and digital service providers

ISO 27001: International standard for information security management systems, providing framework for policies and procedures including controls and risk management

Computer Misuse Act 1990: Criminal law addressing unauthorized access to computer systems and related cybercrime offenses

Serious Crime Act 2015: Updates to computer misuse offenses and tools for cybercrime

Common Law Contract Principles: Fundamental principles of contract law including formation, consideration, and enforcement under English law

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, particularly regarding limitation of liability

Consumer Rights Act 2015: Legislation protecting consumer rights in contracts, relevant if the agreement has B2C implications

Financial Services Regulations: Including Financial Services and Markets Act 2000 and FCA regulations on operational resilience for financial sector

PCI DSS: Payment Card Industry Data Security Standard requirements for organizations handling credit card information

Cross-border Data Transfer Rules: Regulations governing international data transfers, including adequacy decisions and appropriate safeguards

NCSC Guidelines: National Cyber Security Centre's guidance and best practices for cybersecurity in the UK

Breach Notification Requirements: Mandatory incident reporting obligations under various regulations including GDPR and sector-specific requirements

Employment Law Framework: Including Employment Rights Act 1996 and Equality Act 2010 for security policies affecting employees

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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