Extended Slovník

Waiver

A formal, documented agreement to exempt a system, process, or control from a specific security policy or requirement, with acceptance of residual risk.

In the realm of cybersecurity, a waiver represents a critical governance mechanism allowing an organization to formally deviate from established security policies, standards, or controls. This deviation is not an arbitrary disregard but a deliberate, documented decision made when strict adherence is impractical, technically infeasible, or poses undue burden on business operations—provided the associated risks are understood and accepted by appropriate management levels.

What is a Waiver in Cybersecurity?

A cybersecurity waiver is a formal, documented agreement by an authorized party to temporarily or permanently exempt a system, process, or control from a specific security policy, standard, or requirement. This exemption is typically granted due to technical infeasibility or business necessity, and it always comes with an associated acceptance of residual risk.

Unlike simple non-compliance, a waiver represents a conscious, governed decision that maintains organizational accountability while acknowledging real-world operational constraints. The waiver process ensures that deviations from security standards are:

  • Formally requested and justified
  • Reviewed by appropriate stakeholders
  • Documented with clear risk assessments
  • Time-bound with defined review periods
  • Subject to compensating controls where possible

Why Are Cybersecurity Waivers Necessary?

Organizations operate in complex environments where perfect security compliance is not always achievable or practical. Waivers serve several important purposes:

  • Legacy System Support: Older systems may not support modern security controls without risking operational stability
  • Business Continuity: Critical operations may require temporary exceptions to maintain service delivery
  • Technical Limitations: Some technologies or configurations may be incompatible with specific security requirements
  • Cost-Benefit Analysis: In some cases, the cost of full compliance may significantly outweigh the risk reduction benefit
  • Time-to-Market Pressures: Business initiatives may require temporary exceptions with planned remediation

How to Write a Cybersecurity Waiver Request

A comprehensive waiver request should include the following elements:

  1. Identification: Clearly identify the system, process, or asset requiring the waiver
  2. Policy Reference: Specify the exact security policy, standard, or control being waived
  3. Justification: Provide detailed reasoning why compliance is not feasible
  4. Risk Assessment: Document the potential risks and their likelihood and impact
  5. Compensating Controls: Describe alternative measures that will mitigate the risk
  6. Duration: Specify whether the waiver is temporary (with end date) or permanent
  7. Remediation Plan: For temporary waivers, outline the path to full compliance
  8. Approval Signatures: Obtain sign-off from relevant stakeholders (CISO, risk management, legal, business owner)

When Should a Cybersecurity Waiver Be Granted?

Waivers should only be granted when specific conditions are met:

  • The risk has been thoroughly assessed and documented
  • Appropriate management levels have formally accepted the residual risk
  • Compensating controls are implemented where possible
  • The waiver has a defined expiration or review date
  • Regular monitoring and reporting mechanisms are in place

Example Scenario 1: Legacy System Patching

A critical legacy system cannot be updated with the latest security patch without risking system instability. In this case, a waiver may be granted to bypass the patching requirement, provided compensating controls—such as network segmentation, intrusion detection/prevention systems (IDS/IPS), and enhanced monitoring—are implemented and actively maintained.

Example Scenario 2: Expedited Application Deployment

A business unit needs to quickly launch a new application with a configuration that temporarily doesn't meet strict data encryption standards. A time-bound waiver can be approved with a documented plan to implement full encryption within a defined period, typically 30-90 days.

Which Controls Can Be Waived in Cybersecurity?

While any control can technically be subject to a waiver, organizations should exercise caution with controls that protect:

  • Commonly Waived Controls: Specific patch levels, password complexity rules, network configurations, software version requirements, audit log retention periods
  • High-Risk Waivers (Require Extra Scrutiny): Encryption requirements, access control mechanisms, authentication protocols, data protection controls
  • Rarely Waived: Controls mandated by regulatory requirements (GDPR, HIPAA, PCI-DSS), controls protecting critical infrastructure, fundamental security principles

Effective waiver management is essential for balancing security posture with operational realities while maintaining compliance and audit readiness. Organizations should implement a centralized waiver tracking system and conduct regular reviews to ensure waivers remain valid and necessary.

References and Standards

Key frameworks and standards addressing security waivers include:

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