ISO 27002:2022, Control 5.32 – Intellectual Property Rights

ISO 27002:2022 Revised Controls

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Purpose of Control 5.32

Control 5.32 outlines the steps that organisations need to take to ensure that they remain compliant with intellectual property (IP) rights, including the use of proprietary software that is purchased, subscribed to or otherwise leased.

ISO defines intellectual property rights as belonging to one or more of the following categories:

  1. Software copyright
  2. Document copyright
  3. Design rights
  4. Trademark rights
  5. Patents
  6. Source code licences

“Legal, statutory, regulatory or contractual” agreements often place restrictions on how proprietary software is able to be used, including blanket restrictions on the copying, extraction or reverse-engineering of source code, among other measures.

For clarity, Control 5.32 does not deal with situations where the organisation is the IP holder, and instead focuses on their obligation towards third party intellectual property rights that are stated within a licence agreement, a data sharing agreement, or any other comparable legal mechanism.

It’s important to note that copyright and/or IP infringement often carries severe financial and legal consequences for any organisation that wilfully or unwittingly breaks the terms of an agreement. As such, Control 5.32 should be given adequate consideration, in order to avoid any unnecessary business disruption or information security events.

Attributes Table

Control 5.32 is a preventive control that maintains risk by implementing procedures to ensure that the organisation remains compliant with any prevailing IP or copyright requirements, including mitigating the risk of the organisation’s own personnel failing to uphold their individual obligations.

Control TypeInformation Security PropertiesCybersecurity ConceptsOperational CapabilitiesSecurity Domains
#Preventive#Confidentiality
#Integrity
#Availability		#Identify#Legal and Compliance#Governance and Ecosystem
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General Guidance on Control 5.32

Control 5.32 asks organisations to consider the following guidelines, in order to safeguard any data, software or assets that could be deemed IP:

  1. Implementing a “topic-specific” policy on the protection of IP rights, on a case-by-case basis, in line with their unique operational requirements.

  2. Publishing and communicating clear procedures that categorically define how software and ICT products should be operated, to remain compliant with IP standards.

  3. Using respected and reputable sources to acquire software, in order to avoid any inadvertent copyright breaches at source.

  4. Using an organisational asset register to pinpoint any ICT assets that carry IP requirements as standard.

  5. Ensuring that the organisation is able to produce proof of ownership at any given time, including physical and electronic licensing documents, communications and files.

  6. Remaining compliant with agreed software usage limits, including concurrent users, virtual resources etc.

  7. Plan and implement periodic reviews to ensure that the organisation’s ICT estate doesn’t contain any unauthorised or unlicensed software products.

  8. Create operational and financial procedures that ensure licences are kept up to date.

  9. Create procedures that cater for the safe, responsible and legally compliant transfer or disposal of software assets.

  10. Ensure compliance with the terms and conditions, and fair use guidelines, of any software acquired from the public domain.

  11. If the organisation has cause to utilise any commercial recordings, no part of that recording may be extracted, copied or converted by any means that aren’t contained within the software’s terms and conditions (including licensing), or by any prevailing copyright laws.

  12. Respecting and adhering to the copyright laws or licensing terms of textual data, including standards, books, articles, reports etc.

Changes and Differences from ISO 27002:2013

27002:2022-5.32 replaces 27002:2013-18.1.2 (Intellectual property rights).

27002:2022-5.31 contains broadly the same set of guidelines as its 2013 counterpart, with two minor additions:

  1. 27002:2022-5.31 contains advice on how to manage IP-related matters under the terms of a data sharing agreement.

  2. 27002:2013-18.1.2 contains no mention of the residual benefits to an organisation seeking to manage the behaviour of individual staff, towards IP agreements and software use.

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New Controls

ISO/IEC 27002:2022 Control IdentifierISO/IEC 27002:2013 Control IdentifierControl Name
5.7NewThreat intelligence
5.23NewInformation security for use of cloud services
5.30NewICT readiness for business continuity
7.4NewPhysical security monitoring
8.9NewConfiguration management
8.10NewInformation deletion
8.11NewData masking
8.12NewData leakage prevention
8.16NewMonitoring activities
8.23NewWeb filtering
8.28NewSecure coding

Organisational Controls

ISO/IEC 27002:2022 Control IdentifierISO/IEC 27002:2013 Control IdentifierControl Name
5.105.1.1, 05.1.2Policies for information security
5.206.1.1Information security roles and responsibilities
5.306.1.2Segregation of duties
5.407.2.1Management responsibilities
5.506.1.3Contact with authorities
5.606.1.4Contact with special interest groups
5.7NewThreat intelligence
5.806.1.5, 14.1.1Information security in project management
5.908.1.1, 08.1.2Inventory of information and other associated assets
5.1008.1.3, 08.2.3Acceptable use of information and other associated assets
5.1108.1.4Return of assets
5.12 08.2.1Classification of information
5.1308.2.2Labelling of information
5.1413.2.1, 13.2.2, 13.2.3Information transfer
5.1509.1.1, 09.1.2Access control
5.1609.2.1Identity management
5.17 09.2.4, 09.3.1, 09.4.3Authentication information
5.1809.2.2, 09.2.5, 09.2.6Access rights
5.1915.1.1Information security in supplier relationships
5.2015.1.2Addressing information security within supplier agreements
5.2115.1.3Managing information security in the ICT supply chain
5.2215.2.1, 15.2.2Monitoring, review and change management of supplier services
5.23NewInformation security for use of cloud services
5.2416.1.1Information security incident management planning and preparation
5.2516.1.4Assessment and decision on information security events
5.2616.1.5Response to information security incidents
5.2716.1.6Learning from information security incidents
5.2816.1.7Collection of evidence
5.2917.1.1, 17.1.2, 17.1.3Information security during disruption
5.30NewICT readiness for business continuity
5.3118.1.1, 18.1.5Legal, statutory, regulatory and contractual requirements
5.3218.1.2Intellectual property rights
5.3318.1.3Protection of records
5.3418.1.4Privacy and protection of PII
5.3518.2.1Independent review of information security
5.3618.2.2, 18.2.3Compliance with policies, rules and standards for information security
5.3712.1.1Documented operating procedures

People Controls

ISO/IEC 27002:2022 Control IdentifierISO/IEC 27002:2013 Control IdentifierControl Name
6.107.1.1Screening
6.207.1.2Terms and conditions of employment
6.307.2.2Information security awareness, education and training
6.407.2.3Disciplinary process
6.507.3.1Responsibilities after termination or change of employment
6.613.2.4Confidentiality or non-disclosure agreements
6.706.2.2Remote working
6.816.1.2, 16.1.3Information security event reporting

Physical Controls

ISO/IEC 27002:2022 Control IdentifierISO/IEC 27002:2013 Control IdentifierControl Name
7.111.1.1Physical security perimeters
7.211.1.2, 11.1.6Physical entry
7.311.1.3Securing offices, rooms and facilities
7.4NewPhysical security monitoring
7.511.1.4Protecting against physical and environmental threats
7.611.1.5Working in secure areas
7.711.2.9Clear desk and clear screen
7.811.2.1Equipment siting and protection
7.911.2.6Security of assets off-premises
7.1008.3.1, 08.3.2, 08.3.3, 11.2.5Storage media
7.1111.2.2Supporting utilities
7.1211.2.3Cabling security
7.1311.2.4Equipment maintenance
7.1411.2.7Secure disposal or re-use of equipment

Technological Controls

ISO/IEC 27002:2022 Control IdentifierISO/IEC 27002:2013 Control IdentifierControl Name
8.106.2.1, 11.2.8User endpoint devices
8.209.2.3Privileged access rights
8.309.4.1Information access restriction
8.409.4.5Access to source code
8.509.4.2Secure authentication
8.612.1.3Capacity management
8.712.2.1Protection against malware
8.812.6.1, 18.2.3Management of technical vulnerabilities
8.9NewConfiguration management
8.10NewInformation deletion
8.11NewData masking
8.12NewData leakage prevention
8.1312.3.1Information backup
8.1417.2.1Redundancy of information processing facilities
8.1512.4.1, 12.4.2, 12.4.3Logging
8.16NewMonitoring activities
8.1712.4.4Clock synchronization
8.1809.4.4Use of privileged utility programs
8.1912.5.1, 12.6.2Installation of software on operational systems
8.2013.1.1Networks security
8.2113.1.2Security of network services
8.2213.1.3Segregation of networks
8.23NewWeb filtering
8.2410.1.1, 10.1.2Use of cryptography
8.2514.2.1Secure development life cycle
8.2614.1.2, 14.1.3Application security requirements
8.2714.2.5Secure system architecture and engineering principles
8.28NewSecure coding
8.2914.2.8, 14.2.9Security testing in development and acceptance
8.3014.2.7Outsourced development
8.3112.1.4, 14.2.6Separation of development, test and production environments
8.3212.1.2, 14.2.2, 14.2.3, 14.2.4Change management
8.3314.3.1Test information
8.3412.7.1Protection of information systems during audit testing
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