ISO 27001:2022 Annex A Control 5.31

Explaining Annex A Control 5.31 Legal, statutory, regulatory and contractual requirements

ISO 27001 Control 5.31 Legal, statutory, regulatory and contractual requirements is designed to ensure that your organization identifies, documents, and maintains compliance with all applicable legal, statutory, regulatory, and contractual requirements related to information security.

Control Type

Information Security Properties

Cybersecurity Concepts

Operational Capabilities

Security Domains

Objective of ISO 27001 Control 5.31

The objective of Control 5.31 is to ensure that all legal, statutory, regulatory, and contractual requirements related to information security are identified, documented, and updated regularly. By implementing this control, your organization can:

Ensure compliance with national and international laws, industry regulations, and contractual obligations.
Avoid legal penalties and operational disruptions due to non-compliance.
Integrate compliance requirements into risk management and information security processes.
Maintain up-to-date records of compliance requirements, ensuring that policies and procedures align with external obligations.

Purpose of ISO 27001 Control 5.31

The purpose of this control is to establish a structured approach to managing compliance obligations. Compliance with legal and contractual requirements is essential for business continuity, customer trust, and regulatory adherence.

Your organization should use Control 5.31 to:

Establish a systematic process for identifying and monitoring legal and contractual obligations.
Ensure that security policies, procedures, and controls align with applicable laws and regulations.
Reduce the risk of fines, legal disputes, or loss of business opportunities due to non-compliance.
Support international operations by ensuring compliance with cross-border regulations.

Scope of ISO 27001 Control 5.31

Control 5.31 applies to all areas of your organization that involve information security. This includes:

Information Security Policy Development
Your organization must ensure that all information security policies consider relevant legal, statutory, regulatory, and contractual obligations. Policies should explicitly address compliance requirements and be updated whenever regulations change.
Design and Implementation of Security Controls
Every security control in your ISMS should align with legal and contractual requirements. Whether it’s access control, encryption, or incident response, each control must comply with applicable laws and industry regulations.
Information Classification and Data Protection
Your organization should classify data and assets based on legal and contractual obligations. Sensitive data, such as personally identifiable information (PII) or financial records, must be handled, stored, and processed according to applicable privacy laws (e.g., GDPR, CCPA).
Risk Assessment and Compliance Management
Risk assessments should include an evaluation of compliance risks related to laws and regulations. Security risks should be assessed in the context of legal obligations, ensuring that mitigation measures align with compliance requirements.
Supplier and Third-Party Agreements
Supplier agreements should include specific security and compliance clauses to ensure that third-party vendors adhere to the same legal and regulatory requirements as your organization.
Cross-Border Data Transfers
If your organization transfers data across international borders, you must ensure compliance with jurisdictional laws governing data transfers, such as GDPR, data localization laws, and country-specific security requirements.

Steps to Implement ISO 27001 Control 5.31

To successfully implement Control 5.31, your organization should follow these steps:

1. Identify Legal and Regulatory Requirements

Conduct an audit of all applicable legal, statutory, and regulatory requirements.
Consider industry-specific regulations, such as HIPAA for healthcare, PCI DSS for payment security, or SOX for financial institutions.
Identify international compliance requirements if operating in multiple jurisdictions.

2. Document Compliance Obligations

Create a Legal Register that lists all relevant legal, statutory, regulatory, and contractual requirements.
Clearly outline how each requirement affects your organization’s security policies and procedures.

3. Integrate Compliance into the ISMS

Ensure that security policies, risk assessments, and security controls incorporate compliance requirements.
Develop processes for ongoing compliance monitoring and updates.

4. Monitor and Update Compliance Requirements

Establish a compliance review schedule to monitor changes in legal and regulatory frameworks.
Assign responsibility to specific individuals or teams for tracking updates and revising security controls.

5. Provide Compliance Training and Awareness

Educate employees and key stakeholders about compliance requirements.
Conduct regular training sessions on handling regulated data, security policies, and legal obligations.

Legal Considerations for Cryptography

Cryptographic methods are often subject to legal regulations. Your organization must ensure compliance with:

Import/export restrictions on cryptographic software and hardware.
Legal restrictions on encryption usage in certain jurisdictions.
Government-mandated access to encrypted information.
Recognition of digital signatures, certificates, and secure communication protocols.

Related ISO 27001 Controls

ISO 27001 Control 5.31 is closely related to several other controls:

Control 5.20 – Supplier Security Requirements: Ensures third-party vendors comply with security and regulatory requirements.
Control 5.32 – Intellectual Property Rights: Addresses legal compliance concerning proprietary data and software licensing.
Control 5.33 – Protection of Records: Defines legal requirements for document retention and destruction.
Control 5.34 – Privacy and Protection of PII: Ensures compliance with privacy laws and data protection regulations.

How Templates Can Help with Control 5.31

Using templates reduces the complexity of compliance management while ensuring consistency across your ISMS.

Legal Register Template: Helps document and track legal, statutory, and regulatory requirements.
Compliance Obligations Procedure Template: Outlines step-by-step actions to manage compliance obligations.
Supplier Agreement Template: Ensures that contracts include mandatory security clauses.
Risk Assessment Template: Helps assess risks associated with legal and contractual compliance.
Supplier Risk Assessment Template: For the procurement of (cloud) suppliers.

Benefits of Implementing ISO 27001 Control 5.31

By embedding compliance into daily operations, your organization builds a resilient and legally sound ISMS. Implementing this control provides several advantages:

Regulatory Compliance: Ensures your organization meets all applicable legal and contractual obligations.
Risk Reduction: Mitigates risks associated with non-compliance, fines, and legal actions.
Operational Efficiency: Simplifies compliance tracking and reduces administrative burdens.
Enhanced Reputation: Demonstrates commitment to information security and regulatory adherence.