ISO 27001:2022 Annex A 6.6 – Confidentiality or Non-Disclosure Agreements Explained

Confidential information only stays confidential if expectations are clear and enforceable.

Annex A 6.6 exists to ensure organisations use legally enforceable confidentiality or non-disclosure agreements (NDAs) to protect sensitive information from unauthorised disclosure by personnel and third parties.

This control is about formalising trust — not assuming it.

ISO 27001

Quick Guide: Annex A 6.6 at a Glance

Annex A 6.6 of ISO 27001:2022 focuses on confidentiality and non-disclosure agreements.

At a practical level, this means:

  • Using confidentiality or non-disclosure agreements where appropriate
  • Protecting confidential and sensitive information from unauthorised disclosure
  • Applying agreements to employees, contractors, and external parties
  • Defining obligations during and after the relationship
  • Ensuring agreements reflect information classification, access, and use

The control does not mandate a single NDA template. It expects organisations to apply appropriate, legally enforceable agreements based on risk and context.

In-Depth Guide to Annex A 6.6

What Is Annex A 6.6 and Why Does It Matter?

Organisations routinely share confidential information, including:

  • Business plans and strategies
  • Financial and commercial information
  • Customer and supplier data
  • Intellectual property
  • Security-related information

Without formal confidentiality arrangements:

  • Information may be disclosed unintentionally
  • Legal remedies may be limited
  • Ownership and permitted use may be disputed
  • Post-employment or post-contract protection may be unclear

Annex A 6.6 ensures organisations protect information through clear, enforceable obligations, not informal expectation.

This control applies to:

  • Employees
  • Contractors and temporary staff
  • Suppliers and partners
  • Other interested parties with access to confidential information

How to Implement Annex A 6.6 Effectively

A pragmatic approach to Annex A 6.6 typically includes the following elements.

1. Identify Where Confidentiality Agreements Are Required

Not every relationship requires the same level of agreement.

Organisations should consider:

  • The sensitivity and classification of information
  • The purpose for which information is shared
  • The duration and nature of access
  • Legal, regulatory, or contractual obligations

Higher-risk access typically justifies more explicit agreements.

2. Define What Information Is Covered

Agreements should clearly describe:

  • What constitutes confidential information
  • Whether information is oral, written, or electronic
  • Any exclusions (for example, publicly available information)

Ambiguity weakens enforceability.

3. Define Permitted Use and Access

Confidentiality agreements typically specify:

  • How information may be used
  • Who may access it
  • Restrictions on copying, sharing, or disclosure

This ensures information is used only for authorised purposes.

4. Address Duration of Confidentiality Obligations

Obligations should define:

  • When confidentiality applies
  • Whether obligations continue after employment or contract termination
  • Conditions under which confidentiality may end

Post-termination protection is often the most critical aspect.

5. Clarify Ownership and Intellectual Property Considerations

Agreements may address:

  • Ownership of confidential information
  • Ownership of intellectual property created
  • Rights to retain or use information after the relationship ends

Clarity reduces dispute and misuse.

6. Define Reporting and Handling of Unauthorised Disclosure

Effective agreements include expectations around:

  • Reporting suspected or actual breaches
  • Cooperating with investigation or remediation
  • Taking steps to prevent further disclosure

This supports incident management and containment.

7. Specify Consequences of Breach

Agreements should outline:

  • Contractual consequences
  • Disciplinary or legal action where applicable

Consequences reinforce seriousness and deterrence.

8. Ensure Legal and Jurisdictional Compliance

Confidentiality agreements must comply with:

  • Employment law
  • Contract law
  • Privacy and data protection requirements
  • Jurisdictional constraints

Agreements should be reviewed periodically and when circumstances change.

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 6.6 does not require:

  • NDAs for every interaction
  • Overly restrictive or unenforceable clauses
  • One-size-fits-all agreements

It does require organisations to:

  • Protect confidential information deliberately
  • Match agreements to information risk
  • Ensure obligations are understood and enforceable

Poorly drafted agreements provide false confidence rather than protection.

Common Challenges and How to Overcome Them

  • Relying on trust without formal agreement
  • Use NDAs where confidential information is shared
  • Generic agreements that ignore information context
  • Tailor terms to classification, access, and use
  • Unclear post-employment obligations
  • Define confidentiality duration explicitly
  • Failure to review agreements over time
  • Review when roles, access, or legal requirements change

Confidentiality fails most often 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 6.6 is about protecting information through clarity and enforceability.

When confidentiality and non-disclosure agreements are applied effectively:

  • Sensitive information is better protected
  • Legal and contractual risk is reduced
  • Trust is supported by structure
  • Post-employment and third-party risk is controlled

Confidential information should never rely on goodwill alone.
Annex A 6.6 ensures it is protected by clear, enforceable commitment.

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