Keeping up with legal requirements, regulations, and contracts is a big part of running a business. Not only does it help you avoid fines, but it also builds trust with your customers and partners. In ISO 27001, Control A.5.31 focuses on making sure your organization has a clear list of all legal, regulatory, and contractual obligations so you stay compliant and protect your sensitive information.

In this post, we’ll break down what Control A.5.31 is all about, why it matters, and how it plays a key role in keeping your information security management system (ISMS) up to date.

What is Control A.5.31?

Simply, Control A.5.31 requires organizations to identify and document all legal and contractual requirements related to information security. This includes data protection laws, industry-specific regulations, and the terms outlined in contracts with your clients or partners.

The goal is to make sure your organization stays compliant with the laws and fulfills any obligations you’ve agreed to in contracts. Falling short on these requirements can lead to penalties, fines, and loss of trust.

Why Is Control A.5.31 Important?

• Legal Compliance: Keeping track of laws like GDPR, HIPAA, or any industry regulations ensures your business avoids fines and legal issues.
• Protecting Business Relationships: Contracts with clients and partners often include security-related clauses. Sticking to these helps maintain strong relationships and prevents disputes.
• Better Security: Many laws and regulations require specific security measures. By following these, you protect sensitive information and reduce the risk of breaches.
• Avoiding Penalties: Non-compliance can lead to heavy fines and legal trouble. Keeping track of your requirements helps you stay on the right side of the law.
• Supporting ISO 27001: Control A.5.31 is a key part of ISO 27001. Being aware of your legal and contractual obligations shows your organization is committed to security and compliance.

Types of Statutory, Regulatory, and Contractual Requirements

To comply with Control A.5.31, you need to identify all the laws, regulations, and contracts that affect your security efforts. Here are some common categories:

1. Data Protection Laws: Regulations like GDPR, CCPA, or HIPAA require you to protect personal data and follow specific security rules.
2. Industry-Specific Regulations:
• Financial Services: You may need to comply with PCI DSS or Sarbanes-Oxley (SOX).
• Healthcare: HIPAA outlines how to handle and protect patient data.
• Energy Sector: Standards like NERC CIP might apply.
3. Contractual Obligations: Contracts with clients or partners often include data protection requirements like encryption, access controls, or regular security audits.
4. Local and International Laws: Depending on where your business operates, you may need to follow local laws, like data localization or export control laws.
5. Contractual Requirements: Some contracts may require specific security measures or reporting, like non-disclosure agreements (NDAs) or service-level agreements (SLAs).

Steps to Comply with Control A.5.31

1. Identify the Requirements: Start by reviewing your operations to figure out which legal, regulatory, and contractual requirements apply to you. Work with legal experts or your compliance team to make sure nothing gets missed.
2. Create a Centralized List: Document all the laws, regulations, and contracts that apply to your information security practices. Make this list easily accessible to your team.
3. Map the Requirements: Link the legal and contractual requirements to your security controls. For example, if GDPR requires encryption, make sure you have encryption measures in place.
4. Assign Responsibilities: Make sure there’s a clear person or team responsible for each requirement. This ensures that someone is accountable for monitoring compliance and staying updated on changes.
5. Review Regularly: Laws and regulations change frequently. Keep your list updated and make any necessary changes to your policies or security measures.
6. Conduct Internal Audits: Regularly check that your organization is meeting all legal and contractual requirements. This will help catch any gaps and keep your ISMS on track.

Example of a Compliance Table

Requirement Type	Law/Regulation	Description	Compliance Action
Data Protection Law	GDPR	Requires encryption and breach notification.	Implement encryption and breach protocols.
Industry Regulation	PCI DSS	Protects payment card data.	Encrypt cardholder data, schedule audits.
Contractual Obligation	Client Contract	Requires regular audits and encryption.	Schedule quarterly audits and encryption.
Local Law	CCPA	Requires data access controls and breach reports.	Set up access controls and reporting process.

Conclusion

Maintaining a detailed list of statutory, regulatory, and contractual requirements, as required by Control A.5.31, is key to protecting your business and staying compliant with the law. By identifying, documenting, and regularly reviewing these requirements, you can avoid costly fines, protect your reputation, and keep your information security efforts on track.

Staying on top of these obligations not only keeps your organization safe from penalties, but it also shows your commitment to securing sensitive data and maintaining trust with clients and stakeholders.