Cyberattacks have become commonplace over the last few years. No industry is immune to attacks, which have only increased in frequency and intensity as hackers and bad actors have become more sophisticated. One way a company can protect against cyberattacks is to have testing (which can mimic a hacker intrusion) performed on its computer systems and networks to uncover vulnerabilities. This is known as penetration or “pen” testing.

Although conducting pen testing is prudent and becoming common, it is also fraught with potential pitfalls. When embarking on such a project, a company should fully understand its scope and include certain contractual protections with the pen tester. This article discusses best practices related to pen testing, including relevant contractual provisions and precautions to take before, during and after embarking on this potentially risky endeavor.

Increased Need for Pen Testing