ISO 27001:2022 Annex A 5.31 – Legal, Statutory, Regulatory and Contractual Requirements Explained

Information security obligations do not exist in isolation.
They are shaped — and constrained — by law, regulation, and contract.

Annex A 5.31 exists to ensure organisations identify, understand, and integrate their legal, statutory, regulatory, and contractual information security obligations into the ISMS, rather than treating compliance as a separate or reactive activity.

This control is about knowing the rules you operate under and designing security accordingly.

ISO 27001

Quick Guide: Annex A 5.31 at a Glance

Annex A 5.31 of ISO 27001:2022 focuses on identifying and complying with information security-related obligations.

At a practical level, this means:

  • Identifying applicable legal, regulatory, and contractual requirements
  • Understanding how those obligations affect information security
  • Integrating obligations into policies, controls, and risk management
  • Keeping obligations under review as laws and contracts change
  • Ensuring obligations apply across internal operations and suppliers

The control does not list specific laws or prescribe compliance methods. It expects organisations to understand their own obligations and reflect them appropriately within the ISMS.

In-Depth Guide to Annex A 5.31

What Is Annex A 5.31 and Why Does It Matter?

Organisations are subject to multiple external obligations, including:

  • Data protection and privacy law
  • Sector-specific regulation
  • Contractual security requirements
  • National and international legal constraints

Failure to understand or meet these obligations can result in:

  • Legal or regulatory penalties
  • Contractual breach
  • Loss of trust or reputation
  • Inconsistent or misaligned security controls

Annex A 5.31 ensures that information security decisions are legally and contractually informed, rather than technically convenient but non-compliant.

This control replaces and consolidates earlier ISO 27001:2013 controls relating to legal requirements and cryptographic regulation.

How to Implement Annex A 5.31 Effectively

A pragmatic approach to Annex A 5.31 typically includes the following elements.

1. Identify Applicable Obligations

Organisations should identify obligations relevant to their context, including:

  • Legal and statutory requirements
  • Regulatory requirements
  • Contractual obligations with customers, partners, or suppliers

Obligations may vary by:

  • Jurisdiction
  • Industry sector
  • Type of information processed
  • Nature of services provided

Identification should be deliberate and documented.

2. Understand Information Security Implications

Not all obligations affect information security in the same way.

Organisations should consider how obligations influence:

  • Information handling and protection
  • Retention and disposal requirements
  • Access control and confidentiality
  • Incident reporting and notification
  • Use of technology, including cryptography

Understanding impact matters more than compiling long lists of laws.

3. Integrate Obligations into the ISMS

Identified obligations should inform:

  • Policies and procedures
  • Risk assessments and treatment decisions
  • Control design and implementation
  • Supplier and third-party management

This integration ensures compliance is embedded, not bolted on.

4. Address Cryptographic Legal and Regulatory Requirements

Annex A 5.31 explicitly recognises that cryptography may be subject to:

  • Import or export restrictions
  • National controls on cryptographic strength or use
  • Lawful access or disclosure requirements

Organisations using encryption should be aware of:

  • Jurisdictional constraints
  • Requirements affecting hardware and software with cryptographic capability
  • Obligations relating to certificates, signatures, and trust services

Cryptography decisions should be informed by both security need and legal context.

5. Manage Contractual Information Security Obligations

Contracts often impose specific information security requirements.

These may relate to:

  • Confidentiality and data protection
  • Incident notification
  • Security assurance or reporting
  • Subcontracting and data sharing

Contractual obligations should be identified, understood, and reflected in operational controls and supplier management.

6. Keep Obligations Under Review

Legal, regulatory, and contractual requirements change.

Organisations should ensure:

  • Responsibilities for monitoring change are defined
  • Changes are assessed for security impact
  • The ISMS is updated where required

Compliance degrades quietly when obligations are treated as static.

In-Depth Guide to Annex A 5.1

What is Annex A 5.1 and Why Does It Matter?

  • What the organisation values
  • How security decisions are approached
  • Where accountability sits
  • Aligns security with business objectives
  • Supports proportionate, risk-based decisions
  • Provides a reference point during incidents and disputes
  • Creates consistency without bureaucracy

How to Implement Annex A 5.1 Effectively

1. Define a Comprehensive Information Security Policy
  • Scope: What the policy applies to (systems, data, people).
  • Objectives: Why security is important for the business.
  • Roles & Responsibilities: Who is accountable for security.
  • Key Principles: Risk management, access control, and data protection.
2. Secure Senior Management Approval
  • Review and approve policies.
  • Ensure resources are allocated for implementation.
  • Lead by example in enforcing security policies.
3. Communicate and Train Employees
  • Include security policies in onboarding and ongoing training.
  • Ensure policies are easily accessible to all employees.
  • Encourage acknowledgment and acceptance of security responsibilities.
4. Regular Review & Continuous Improvement
  • Set a schedule for periodic policy reviews (at least annually).
  • Update policies based on business changes, new threats, or regulatory updates.
  • Conduct audits to ensure compliance and effectiveness.
5. Integrate Policies into the ISMS
  • Use it to develop more detailed security procedures.
  • Ensure policies align with other Annex A controls and broader risk management practices.
Key Differences: ISO 27001:2013 vs ISO 27001:2022
AspectISO 27001:2013ISO 27001:2022
Control StructureTwo separate controls: 5.1.1 & 5.1.2Merged into one control (5.1)
Implementation GuidanceLess prescriptiveMore detailed guidance for policy creation and alignment
Awareness & TrainingNot explicitly mentionedExplicitly requires policies to be part of training programmes
Attributes TableNot includedew attributes table for mapping policies to industry terms
Common Challenges & How to Overcome Them
  • Challenge: Employees don’t follow security policies.
  • Solution: Make policies practical and relevant to daily work. Use real-world examples in training.
  • Challenge: Policies are outdated or too generic.
  • Solution: Schedule annual reviews and update policies based on real threats and business changes.
  • Challenge: Policies are written in technical jargon.
  • Solution: Use plain language that all employees can understand.
  • Challenge: Lack of leadership buy-in.
  • Solution: Show how weak security affects business objectives—costs of breaches, loss of client trust, and legal penalties.
Final Recommendations
  • Make security policies living documents—review, refine, and update regularly.
  • Use policy training and awareness to create a security-conscious workforce.
  • Ensure policies are accessible, relevant, and easy to understand.
  • Keep policies aligned with business strategy and regulatory requirements.
  • Engage leadership in driving security culture from the top down.

Practical Considerations

Annex A 5.31 does not expect organisations to:

  • Interpret law without support
  • Replace legal advice
  • Guarantee compliance with every possible regulation

It does expect organisations to:

  • Know which obligations apply
  • Understand their relevance to information security
  • Design controls with those obligations in mind

This control is about informed governance, not legal perfection.

Common Challenges and How to Overcome Them

  • Treating compliance as separate from security
  • Integrate obligations into ISMS design and risk management
  • Maintaining generic legal registers with no security context
  • Focus on how obligations affect information security
  • Ignoring cryptographic legal constraints
  • Consider regulation when selecting and deploying cryptography
  • Overlooking contractual security commitments
  • Ensure contracts inform operational controls

Most failures occur through assumption, not intent.

In-Depth Guide to Annex A 5.1

What is Annex A 5.1 and Why Does It Matter?

  • What the organisation values
  • How security decisions are approached
  • Where accountability sits
  • Aligns security with business objectives
  • Supports proportionate, risk-based decisions
  • Provides a reference point during incidents and disputes
  • Creates consistency without bureaucracy

How to Implement Annex A 5.1 Effectively

1. Define a Comprehensive Information Security Policy
  • Scope: What the policy applies to (systems, data, people).
  • Objectives: Why security is important for the business.
  • Roles & Responsibilities: Who is accountable for security.
  • Key Principles: Risk management, access control, and data protection.
2. Secure Senior Management Approval
  • Review and approve policies.
  • Ensure resources are allocated for implementation.
  • Lead by example in enforcing security policies.
3. Communicate and Train Employees
  • Include security policies in onboarding and ongoing training.
  • Ensure policies are easily accessible to all employees.
  • Encourage acknowledgment and acceptance of security responsibilities.
4. Regular Review & Continuous Improvement
  • Set a schedule for periodic policy reviews (at least annually).
  • Update policies based on business changes, new threats, or regulatory updates.
  • Conduct audits to ensure compliance and effectiveness.
5. Integrate Policies into the ISMS
  • Use it to develop more detailed security procedures.
  • Ensure policies align with other Annex A controls and broader risk management practices.
Key Differences: ISO 27001:2013 vs ISO 27001:2022
AspectISO 27001:2013ISO 27001:2022
Control StructureTwo separate controls: 5.1.1 & 5.1.2Merged into one control (5.1)
Implementation GuidanceLess prescriptiveMore detailed guidance for policy creation and alignment
Awareness & TrainingNot explicitly mentionedExplicitly requires policies to be part of training programmes
Attributes TableNot includedew attributes table for mapping policies to industry terms
Common Challenges & How to Overcome Them
  • Challenge: Employees don’t follow security policies.
  • Solution: Make policies practical and relevant to daily work. Use real-world examples in training.
  • Challenge: Policies are outdated or too generic.
  • Solution: Schedule annual reviews and update policies based on real threats and business changes.
  • Challenge: Policies are written in technical jargon.
  • Solution: Use plain language that all employees can understand.
  • Challenge: Lack of leadership buy-in.
  • Solution: Show how weak security affects business objectives—costs of breaches, loss of client trust, and legal penalties.
Final Recommendations
  • Make security policies living documents—review, refine, and update regularly.
  • Use policy training and awareness to create a security-conscious workforce.
  • Ensure policies are accessible, relevant, and easy to understand.
  • Keep policies aligned with business strategy and regulatory requirements.
  • Engage leadership in driving security culture from the top down.

Final Recommendations

Annex A 5.31 is about operating securely within defined boundaries.

When legal, regulatory, and contractual obligations are understood and integrated:

  • Security controls are more defensible
  • Compliance is more consistent
  • Risk decisions are better informed
  • Surprises during audit or incident response are reduced

Information security does not exist outside the law.
Annex A 5.31 ensures organisations recognise — and design for — that reality.

In-Depth Guide to Annex A 5.1

What is Annex A 5.1 and Why Does It Matter?

  • What the organisation values
  • How security decisions are approached
  • Where accountability sits
  • Aligns security with business objectives
  • Supports proportionate, risk-based decisions
  • Provides a reference point during incidents and disputes
  • Creates consistency without bureaucracy

How to Implement Annex A 5.1 Effectively

1. Define a Comprehensive Information Security Policy
  • Scope: What the policy applies to (systems, data, people).
  • Objectives: Why security is important for the business.
  • Roles & Responsibilities: Who is accountable for security.
  • Key Principles: Risk management, access control, and data protection.
2. Secure Senior Management Approval
  • Review and approve policies.
  • Ensure resources are allocated for implementation.
  • Lead by example in enforcing security policies.
3. Communicate and Train Employees
  • Include security policies in onboarding and ongoing training.
  • Ensure policies are easily accessible to all employees.
  • Encourage acknowledgment and acceptance of security responsibilities.
4. Regular Review & Continuous Improvement
  • Set a schedule for periodic policy reviews (at least annually).
  • Update policies based on business changes, new threats, or regulatory updates.
  • Conduct audits to ensure compliance and effectiveness.
5. Integrate Policies into the ISMS
  • Use it to develop more detailed security procedures.
  • Ensure policies align with other Annex A controls and broader risk management practices.
Key Differences: ISO 27001:2013 vs ISO 27001:2022
AspectISO 27001:2013ISO 27001:2022
Control StructureTwo separate controls: 5.1.1 & 5.1.2Merged into one control (5.1)
Implementation GuidanceLess prescriptiveMore detailed guidance for policy creation and alignment
Awareness & TrainingNot explicitly mentionedExplicitly requires policies to be part of training programmes
Attributes TableNot includedew attributes table for mapping policies to industry terms
Common Challenges & How to Overcome Them
  • Challenge: Employees don’t follow security policies.
  • Solution: Make policies practical and relevant to daily work. Use real-world examples in training.
  • Challenge: Policies are outdated or too generic.
  • Solution: Schedule annual reviews and update policies based on real threats and business changes.
  • Challenge: Policies are written in technical jargon.
  • Solution: Use plain language that all employees can understand.
  • Challenge: Lack of leadership buy-in.
  • Solution: Show how weak security affects business objectives—costs of breaches, loss of client trust, and legal penalties.
Final Recommendations
  • Make security policies living documents—review, refine, and update regularly.
  • Use policy training and awareness to create a security-conscious workforce.
  • Ensure policies are accessible, relevant, and easy to understand.
  • Keep policies aligned with business strategy and regulatory requirements.
  • Engage leadership in driving security culture from the top down.

The Annex Control Table

ISO 27001:2022 Organisational Controls
ISO 27001:2022 Technological Controls