GOV-12: Forced Technology Transfer (FTT)
Mechanisms exist to avoid and/or constrain the forced exfiltration of sensitive/regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices.
Control Question: Does the organization avoid and/or constrain the forced exfiltration of sensitive/regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices?
General (1)
| Framework | Mapping Values |
|---|---|
| SCF CORE Mergers, Acquisitions & Divestitures (MA&D) | GOV-12 |
APAC (3)
| Framework | Mapping Values |
|---|---|
| APAC China Cybersecurity Law | 28 |
| APAC China Data Security Law | 7 8 9 11 14 15 16 18 19 20 28 31 32 33 36 37 38 48 53 |
| APAC China Privacy Law | 38 38(4) 40 |
Capability Maturity Model
Level 0 — Not Performed
There is no evidence of a capability to avoid and/ or constrain the forced exfiltration of sensitive/regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices.
Level 1 — Performed Informally
C|P-CMM1 is N/A, since a structured process is required to avoid and/ or constrain the forced exfiltration of sensitive/regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices.
Level 2 — Planned & Tracked
C|P-CMM2 is N/A, since a well-defined process is required to avoid and/ or constrain the forced exfiltration of sensitive/regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices.
Level 3 — Well Defined
Cybersecurity & Privacy Governance (GOV) efforts are standardized across the organization and centrally managed, where technically feasible, to ensure consistency. CMM Level 3 control maturity would reasonably expect all, or at least most, the following criteria to exist:
- Statutory, regulatory and contractual compliance requirements for cybersecurity and data privacy are identified and documented. Recurring testing is utilized to assess adherence to internal standards and/or external compliance requirements.
- A Governance, Risk & Compliance (GRC) function, or similar function, provides scoping guidance to determine control applicability.
- Internal policies and standards address all statutory, regulatory and contractual obligations for cybersecurity and data privacy.
- Controls are standardized across the organization to ensure uniformity and consistent execution.
- Corporate governance (executive oversight) exists for the cybersecurity and data privacy, which includes regular briefings to ensure executives have sufficient situational awareness to properly govern the organization.
- Procedures are established for sensitive/regulated compliance obligations that are standardized across the organization.
- Defined roles & responsibilities require data/process owners to define, implement and maintain cybersecurity and data protection controls for each system, application and/ or service of which they have accountability.
- The organization designates one or more qualified individuals to govern the cybersecurity and data privacy programs (e.g., Chief Information Security Officer or Chief Privacy Officer).
- Risk management processes are defined, to include materiality considerations.
Level 4 — Quantitatively Controlled
See C|P-CMM3. There are no defined C|P-CMM4 criteria, since it is reasonable to assume a quantitatively-controlled process is not necessary to avoid and/ or constrain the forced exfiltration of sensitive/regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices.
Level 5 — Continuously Improving
See C|P-CMM4. There are no defined C|P-CMM5 criteria, since it is reasonable to assume a continuously-improving process is not necessary to avoid and/ or constrain the forced exfiltration of sensitive/regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices.
Assessment Objectives
- GOV-12_A01 an executive steering committee, or advisory board, evaluates business practices for possible forced exfiltration of sensitive / regulated information (e.g., Intellectual Property (IP)) to a host government for purposes of market access or market management practices.
- GOV-12_A02 measures exist for the executive steering committee, or advisory board, to proactively identify and evaluate host nation business practices to identify potential instances that exist for forced exfiltration of sensitive / regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices.
- GOV-12_A03 actions are taken to prevent and/or block potential instances that enable the forced exfiltration of sensitive / regulated information (e.g., Intellectual Property (IP)) to the host government for purposes of market access or market management practices.
Technology Recommendations
Micro/Small
- Legal review
Small
- Legal review
Medium
- Legal review
- Steering committee
- Board of Directors (BoD)
Large
- Legal review
- Steering committee
- Board of Directors (BoD)
Enterprise
- Legal review
- Steering committee
- Board of Directors (BoD)