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HRS-06.1: Confidentiality Agreements

HRS 10 — Critical Identify

Mechanisms exist to require Non-Disclosure Agreements (NDAs) or similar confidentiality agreements that reflect the needs to protect data and operational details, or both employees and third-parties.

Control Question: Does the organization require Non-Disclosure Agreements (NDAs) or similar confidentiality agreements that reflect the needs to protect data and operational details, or both employees and third-parties?

General (35)
Framework Mapping Values
AICPA TSC 2017:2022 (used for SOC 2) (source) CC1.5
COSO 2017 Principle 5
CSA CCM 4 HRS-07 HRS-10
GovRAMP Low PS-06
GovRAMP Low+ PS-06
GovRAMP Moderate PS-06
GovRAMP High PS-06
ISO 27002 2022 5.14 6.6
ISO 27017 2015 13.2.2 13.2.4
ISO 42001 2023 7.3
MPA Content Security Program 5.1 OR-3.1 PS-1.1
NIST 800-53 R4 PS-6 PS-6(2)
NIST 800-53 R4 (low) PS-6
NIST 800-53 R4 (moderate) PS-6
NIST 800-53 R4 (high) PS-6
NIST 800-53 R5 (source) PS-6 PS-6(2)
NIST 800-53B R5 (privacy) (source) PS-6
NIST 800-53B R5 (low) (source) PS-6
NIST 800-53B R5 (moderate) (source) PS-6
NIST 800-53B R5 (high) (source) PS-6
NIST 800-53 R5 (NOC) (source) PS-6(2)
NIST 800-82 R3 LOW OT Overlay PS-6
NIST 800-82 R3 MODERATE OT Overlay PS-6
NIST 800-82 R3 HIGH OT Overlay PS-6
NIST 800-161 R1 PS-6
NIST 800-161 R1 C-SCRM Baseline PS-6
NIST 800-161 R1 Flow Down PS-6
NIST 800-161 R1 Level 2 PS-6
NIST 800-161 R1 Level 3 PS-6
NIST 800-171 R3 (source) 03.12.05.a 03.15.03.c
TISAX ISA 6 2.1.2 6.1.2
SCF CORE Mergers, Acquisitions & Divestitures (MA&D) HRS-06.1
SCF CORE ESP Level 1 Foundational HRS-06.1
SCF CORE ESP Level 2 Critical Infrastructure HRS-06.1
SCF CORE ESP Level 3 Advanced Threats HRS-06.1
US (20)
EMEA (5)
Framework Mapping Values
EMEA EU NIS2 Annex 10.3.2
EMEA Germany C5 2020 HR-06 IDM-08 PSS-07
EMEA Israel CDMO 1.0 19.4
EMEA Saudi Arabia ECC-1 2018 1-9-3-1
EMEA Saudi Arabia SACS-002 TPC-9 TPC-71
APAC (4)
Framework Mapping Values
APAC India SEBI CSCRF GV.RR.S5
APAC Japan APPI 21
APAC Japan ISMAP 13.2.2 13.2.4
APAC New Zealand NZISM 3.6 9.1.8.C.01
Americas (1)
Framework Mapping Values
Americas Canada ITSP-10-171 03.12.05.A 03.15.03.C

Capability Maturity Model

Level 0 — Not Performed

There is no evidence of a capability to require Non-Disclosure Agreements (NDAs) or similar confidentiality agreements that reflect the needs to protect data and operational details, or both employees and third-parties.

Level 1 — Performed Informally

C|P-CMM1 is N/A, since a structured process is required to require Non-Disclosure Agreements (NDAs) or similar confidentiality agreements that reflect the needs to protect data and operational details, or both employees and third-parties.

Level 2 — Planned & Tracked

Human Resources Security (HRS) efforts are requirements-driven and governed at a local/regional level, but are not consistent across the organization. CMM Level 2 control maturity would reasonably expect all, or at least most, the following criteria to exist: o Ensures industry-recognized HR practices are implemented for hiring, managing, training, investigating and terminating employees, contractors and other personnel that work on behalf of the organization. o Defines terms of employment, including acceptable and unacceptable rules of behavior for the use of technologies, including consequences for unacceptable behavior.

  • Personnel management is decentralized (e.g., a localized/regionalized function) and uses non-standardized methods to implement secure, resilient and compliant practices.
  • IT/cybersecurity personnel identify cybersecurity and data protection controls that are appropriate to address applicable statutory, regulatory and contractual requirements for personnel management.
  • The Human Resources (HR) department:
  • The responsibility for training users and enforcing policies being assigned to user’s immediate supervisor(s)/manager(s), including the definition and enforcement of the user’s specific role(s) and responsibilities.
  • Personnel managers ensure personnel are routinely made aware of the organization's cybersecurity / data privacy policies and provide acknowledgement.
  • Administrative processes require all employees and contractors to apply cybersecurity and data privacy principles in their daily work.
Level 3 — Well Defined

Human Resources Security (HRS) 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: o Ensures industry-recognized HR practices are implemented for hiring, managing, training, investigating and terminating employees, contractors and other personnel that work on behalf of the organization. o Ensures that every user accessing a system that processes, stores, or transmits sensitive/regulated data is cleared and regularly trained in proper data handling practices. o Identifies and implements industry-recognized HR practices related to cybersecurity and data privacy training and awareness to help ensure secure practices are implemented in personnel operations to help manage risk to both technology assets and data. o Manages personnel security risk by assigning a risk designation to all positions and establishing screening criteria for individuals filling those positions.

  • The Human Resources (HR) department:
  • Administrative processes require Non-Disclosure Agreements (NDAs) or similar confidentiality agreements that reflect the needs to protect data and operational details, for both employees and third-parties.
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 require Non-Disclosure Agreements (NDAs) or similar confidentiality agreements that reflect the needs to protect data and operational details, or both employees and third-parties.

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 require Non-Disclosure Agreements (NDAs) or similar confidentiality agreements that reflect the needs to protect data and operational details, or both employees and third-parties.

Assessment Objectives

  1. HRS-06.1_A01 individuals requiring access to organizational information and systems sign appropriate access agreements prior to being granted access.
  2. HRS-06.1_A02 individuals requiring access to organizational information and systems re-sign access agreements to maintain access to organizational systems when access agreements have been updated or frequency.
  3. HRS-06.1_A03 the frequency at which to review / update access agreements is defined.
  4. HRS-06.1_A04 the frequency at which to re-sign access agreements to maintain access to organizational information is defined.
  5. HRS-06.1_A05 access agreements are developed and documented for organizational systems.
  6. HRS-06.1_A06 the access agreements are reviewed / updated frequently.
  7. HRS-06.1_A07 access to sensitive / regulated data requiring special protection is granted only to individuals who have a valid access authorization that is demonstrated by assigned duties.
  8. HRS-06.1_A08 access to sensitive / regulated data requiring special protection is granted only to individuals who satisfy associated personnel security criteria.
  9. HRS-06.1_A09 access to sensitive / regulated data requiring special protection is granted only to individuals who have read, understood and signed a non-disclosure agreement.

Evidence Requirements

E-HRS-20 Non-Disclosure Agreements (NDAs)

Documented evidence of the use of Non-Disclosure Agreements (NDAs) that restricts unauthorized sharing of sensitive/regulated data.

Human Resources

Technology Recommendations

Micro/Small

  • Access agreement
  • Non-Disclosure Agreements (NDAs)

Small

  • Access agreement
  • Non-Disclosure Agreements (NDAs)

Medium

  • Access agreement
  • Non-Disclosure Agreements (NDAs)

Large

  • Access agreement
  • Non-Disclosure Agreements (NDAs)

Enterprise

  • Access agreement
  • Non-Disclosure Agreements (NDAs)

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