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OrganizationalControl 5.31

Legal, Statutory, Regulatory and Contractual Requirements

Summary

The organization should identify and document all relevant legal, statutory, regulatory, and contractual requirements related to information security. Compliance with these mandates is non-negotiable for maintaining a legal license to operate.

Applicability

In-Scope: Mandatory for all organizations to ensure they are aware of their legal obligations (e.g., Law 25 in Quebec, GDPR, or specific industry regulations).

Out-of-Scope: Never out-of-scope.

Implementation Guidance

Microsoft 365 / Entra ID

  • Compliance Mapping: Use Microsoft Purview Compliance Manager to automatically map your technical configurations to specific regulatory frameworks (e.g., ISO 27001, SOC 2, HIPAA).

  • Data Sovereignty: Configure Tenant Properties and regional settings to ensure that data residency requirements are met according to local laws.

  • Auditing: Enable Purview Audit (Standard/Premium) to maintain the necessary logs required for regulatory proof of compliance.

Evidence Checklist

  • Legal/Regulatory Register: A maintained list of all laws and regulations that apply to the organization's information security.

  • Contractual Requirements: Excerpts from client or partner contracts that specify security obligations.

  • Compliance Assessments: Records of periodic reviews conducted to ensure that the organization remains in compliance with the identified requirements.

Practical Audit Advice

Here are some questions the auditor might ask:

  • How does the organization stay informed about changes in the legal and regulatory landscape (e.g., new privacy laws)?

  • Can you demonstrate how your specific technical settings in Microsoft 365 satisfy a particular legal requirement (like data encryption)?

  • Who is responsible for ensuring that security clauses in client contracts are actually implemented by the technical teams?

  • What is the process for reporting a non-compliance issue once it has been identified internally?