Personal devices at work: the BYOD rule that decides half your scope
Most small businesses run partly on staff’s own phones, and the 2026 rules are precise about when that pulls a personal device into your assessment. The line is simple once you see it — and there is a fair way to handle the colleague who’d rather keep their phone out of it.
The rule, precisely
A personal device — phone, tablet or laptop — is in scope if it accesses work email, files or any business data. It is exempt only if it is used solely for the phone’s built-in calls and texts, or two-factor codes. That exemption is deliberately narrow: a phone that receives a two-factor code is fine outside scope; the same phone with the work mailbox added is in, exactly as if the business owned it.
“Accesses” includes the browser. Checking work email through a phone’s web browser, or opening a shared document from a link, is access — the rule is about where business data goes, not which app displays it.
What an in-scope personal device must meet
Everything a company device must meet — the five controls apply in full. For a phone that mostly means four things:
- A supported operating system, listed in your scope with its version. An old personal phone that stopped getting updates is an automatic fail in scope, so it either gets replaced or stops being used for work.
- Updates applied — automatic updates on, within the 14-day rule like everything else.
- A lock: fingerprint, face, password, or a PIN of at least 6 characters. A PIN that short is only enough where work apps still ask you to sign in; otherwise the full password rules apply. We also suggest locking automatically when idle.
- Official apps only: from the App Store or Google Play, only apps on the list your business has approved, on a device that isn’t jailbroken or rooted (A8.4, A8.5) — that is how phones meet the malware control.
A personal laptop also needs its software firewall on, anti-malware (or app allow-listing), unused software removed, and its work accounts protected by MFA — the same as a company laptop.
Nothing in the scheme requires the business to install management software (MDM) on personal devices. What it requires is that the device meets the rules; a short, honest BYOD policy that people actually agree to is how a small business usually assures that.
The conversation with the team
The fair framing is a genuine choice: if you use your own device for work, these rules apply to it; if you’d rather they didn’t, that’s fine — don’t use it for work, and we’ll sort a company device instead. What doesn’t work is the quiet middle ground where someone reads work email on a phone that everyone has agreed to pretend is out of scope. That phone is in scope by rule, and pretending otherwise means the scope statement you sign is wrong.
In practice most people accept the rules instantly, because they are things a sensible phone already does. The one that occasionally bites is the unsupported handset — and that is a real decision, not a form of words.
Writing it down
If any personal device is in scope, a one-page policy makes the answers consistent: who it applies to, the requirements, the calls-texts-MFA exemption, and the offer of a company device for anyone who opts out. The free BYOD policy template is that page, written the way ReadyCert drafts it. List the devices themselves in your asset register, marked as personal, with make and OS version (A2.6 for laptops, A2.8 for phones and tablets).
Where people go wrong
- Leaving personal phones off the scope list while the whole team reads email on them. This is the most common scope error there is.
- Claiming the exemption too broadly. “They only use it a bit” is not calls-texts-MFA-only.
- Forgetting the director. The owner’s own phone is usually the most data-heavy personal device in the business.
- Missing the leaver angle. When someone leaves, work accounts come off their personal device when their logins are disabled — the same day is a good habit.
Frequently asked questions
Are personal phones in scope for Cyber Essentials?
Yes, if they access work email, files or any business data — including through a browser. They are exempt only when used solely for the phone’s built-in calls and texts, or two-factor codes.
What must an in-scope personal device meet?
The same rules as a company device — all five controls. For a phone that mainly means a supported operating system with updates applied, a lock screen (biometrics, password, or a PIN of at least 6 characters, with work apps still asking you to sign in), and apps only from the official store and your approved-apps list on a device that isn’t jailbroken or rooted. A personal laptop also needs its software firewall on and anti-malware or app allow-listing.
Can staff refuse to have their personal phone in scope?
Yes — and the fair answer is that they then don’t use it for work. Either the business provides a device, or the person keeps work off their own phone entirely. What doesn’t work is reading work email on a phone that isn’t in scope.
Do I need MDM (mobile device management) for BYOD?
Cyber Essentials does not require MDM. It requires the device to meet the rules; how you assure that is up to you. For a small business a short BYOD policy people actually agree to is the usual answer.
Does a personal laptop used for work count too?
Yes. The rule is about access to business data, not the type of device. A personal laptop that opens work files is in scope like any company machine.