PT0-001 · Question #245
When negotiating a penetration testing contract with a prospective client, which of the following disclaimers should be included in order to mitigate liability in case of a future breach of the…
The correct answer is D. The penetration test is based on the state of the system and its configuration at the time of. Penetration test contracts must include a point-in-time disclaimer to protect the testing firm from liability for breaches that occur after the engagement, when system state may have changed.
Question
When negotiating a penetration testing contract with a prospective client, which of the following disclaimers should be included in order to mitigate liability in case of a future breach of the client's systems?
Options
- AThe proposed mitigations and remediations in the final report do not include a cost-benefit
- BThe NDA protects the consulting firm from future liabilities in the event of a breach.
- CThe assessment reviewed the cyber key terrain and most critical assets of the client's network.
- DThe penetration test is based on the state of the system and its configuration at the time of
How the community answered
(24 responses)- B8% (2)
- C4% (1)
- D88% (21)
Why each option
Penetration test contracts must include a point-in-time disclaimer to protect the testing firm from liability for breaches that occur after the engagement, when system state may have changed.
Omitting cost-benefit analysis from remediation recommendations is a scope limitation, not a liability protection mechanism, and does not shield the firm from claims arising from a future breach.
An NDA is a confidentiality instrument designed to prevent disclosure of sensitive information - it does not function as a liability waiver and cannot protect the firm from breach-related claims.
Documenting which assets were reviewed defines the test's coverage scope but does not create a legal defense against future liability for incidents occurring after the engagement.
A point-in-time disclaimer explicitly limits the scope of the assessment to the system's configuration at the moment testing was performed. This protects the penetration testing firm because patches, new vulnerabilities, or misconfigurations introduced after the engagement are outside the tester's responsibility. Without this clause, a client could attempt to hold the firm liable for a later breach even if the tested environment was secure during the assessment.
Concept tested: Penetration testing contract point-in-time liability disclaimer
Source: https://csrc.nist.gov/publications/detail/sp/800-115/final
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