Following a standard is the same as following the law, right? Well, not quite… It’s a question that comes up a lot, particularly in heavily regulated industries where compliance is critical.

While standards and regulations sometimes overlap, they play different and complementary roles in shaping industries and driving progress.

Here, we unpick the difference between laws and standards, where they overlap, and why it matters. So, if you’ve ever questioned whether it’s worth getting certified against a standard if you’re already legally complaint, read on.

What’s the difference between standards and regulation?

Standards and regulation are both important for promoting safety and efficiency, however they differ in one crucial sense. Standards are voluntary, while complying with regulations is mandatory. This might sound like a rather crude distinction, but it is a useful one to bear in mind.

Standards are developed by industry and stakeholder experts and offer best practice guidelines, recommendations, or specifications. While they promote quality, safety and interoperability, they are not usually legally enforceable (unless specifically referenced in regulations).

Regulations, however, are the rules created by governments under the authority of legislation. They are legally binding and may also be subject to enforcement mechanisms.

At a glance: the difference between standards and regulation

Standards are:

• Mostly voluntary (sometimes required by contractual obligations or to obtain certifications).

• Developed by standards organizations like BSI (and shaped by our network of over 12,000 experts).

• Best practice guidance to help improve quality, safety, and efficiency.

Examples include cross-industry standards like ISO 9001 Quality Management Systems, and industry-specific standard like BS 7671 Requirements for Electrical Installations.

Regulation is:

• Mandatory.

• Created by government legislation and often enforced by government agencies such as the Health and Safety Executive (HSE), Medicines and Healthcare products Regulatory Agency (MHRA), and the Financial Conduct Authority (FCA).

• Created to protect public interest aspects, such as public safety, environmental protection, and ethical business practices.

Examples include: General Data Protection Regulation (GDPR) for data privacy in the EU. The Health and Safety at Work Act (HSWA) for workplace safety in the UK.

How standards and regulation interrelate

Standards and regulations can work hand in hand but fulfil slightly different functions.

Regulatory bodies frequently adopt industry-specific standards. For example, the Health and Safety Executive (HSE) references British standards to ensure safe working environments.

Elsewhere, the Medicines and Healthcare products Regulatory Agency (MHRA) may require compliance with standards to guarantee product safety and effectiveness.

‘Presumption of conformity’

Governments may publish guidance recognizing the use of standards for a ‘presumption of conformity’ with regulatory requirements. For example, Designated Standards in Great Britain and Harmonized Standards in the EU and Northern Ireland.

A ‘presumption of conformity’ helps remove technical barriers to trade and promotes interoperability. Ultimately, this makes it easier for goods and services to be traded freely across markets, without additional red tape. It is important to remember that any claim of conformity to a standard is in itself a legal assertion. In other words, you’ll need to be able to back up your claim if required.

‘Earned recognition’

Standards can also be used for what’s known as ‘earned recognition’. This is where companies that demonstrate compliance with standards ‘earn recognition’ from regulators. This means that they are trusted to comply with legal obligations. A good example of this is BS EN ISO 5001

Energy management systems. Requirements with guidance for use

This standard demonstrates a structured, certifiable energy management system. It shows regulators and partners that your business actively manages and reduces energy use, which aligns with environmental compliance goals.

Standards and the law in practice

As you can see, understanding the difference between standards and the law isn’t just theory. It can also have real implications for your business.

Consider a Trading Standards officer responsible for enforcing consumer protection law. Their legal powers come from legislation (General Product Safety Regulations, for example). However, they will often refer to British Standards when carrying out inspections or investigations.

This is because standards provide an agreed benchmark for what ‘good’ looks like. This helps to interpret whether a product is safe, reliable, or fit for purpose. This is particularly important when the law just states general duties (that a product must be ‘safe’, for example).

If a product doesn’t meet a standard, it could give a Trading Standards officer indication that something is amiss. For example, if a toy fails to conform with BS EN 71 Safety of Toys it is likely to be deemed legally unsafe.[DM1] [JC2]

Using standards to go above and beyond regulatory compliance

Regulations set the legal baseline, while standards provide the framework for best practice, innovation, and continuous improvement. Certain standards can even be used to provide the practical guidance needed to comply with regulation. Most importantly, they can also go beyond compliance to help create consistency, innovation, and build trust across global markets.

If you have any further questions about standards, did you know that BSI Membership means you can get answers from our trained researchers at the BSI Member Enquiry Service team?

BSI members can get in touch by emailing knowledgecentre@bsigroup.com or calling +44 (0)345 0869001.

Discover more about BSI Membership

Become a BSI member and you’ll be joining over 11,000 organizations committed to making positive change through standards. You’ll get extra support in implementing standards via a team of research professionals and stay up to date with relevant changes to standards with a monthly spreadsheet. Your personalized Membership certificate and digital Membership badge will help your organization stand out from the competition too. And every member enjoys a 50% saving on British Standards and 50% off subscriptions to BSI Knowledge and BSI Compliance Navigator. Members also get 10% off ISO and other foreign standards. Find out more about BSI Membership here.