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Regulation on the security sector

Original Language Title: Verordnung über das Bewachungsgewerbe

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Regulation on the Bewachungsprofession (Bewachungsordinates-Bewachungsordinates-BewachV)

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BewachV

Date of completion: 07.12.1995

Full quote:

" Surveillance regulation in the version of the notice of 10 July 2003 (BGBl. 1378), as last amended by Article 2a (3) of the Law of 4 March 2013 (BGBl I). I p. 362).

Status: New by Bek. 10. 7.2003 I 1378;
Last amended by Art. 2a (3) G v. 4.3.2013 I 362

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 1.4.1996 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 36/2005 (CELEX Nr: 305L0036) + + +)

Section 1
Teaching procedures

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§ 1 Purpose, Affected

(1) The purpose of the information is to provide the persons active in the security sector with the legal provisions and subject-specific obligations and powers necessary for the exercise of the business, as well as their practical application to a large extent. (2) To be familiar with the exercise of their own responsibility for monitoring tasks. (2) The teaching procedure has to be subject to
1.
persons who wish to exercise the security industry as self-employed persons in accordance with the first sentence of Article 34a (1) of the Commercial Code,
2.
in the case of legal persons, the legal representatives, in so far as they are directly involved in the implementation of surveillance tasks,
3.
the persons responsible for the management of the business, and
4.
other non-self-employed persons who are to be employed in carrying out surveillance tasks in accordance with Article 34a (1) sentence 5 of the Industrial Code.
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§ 2 The competent authority

The information is provided by the Chambers of Industry and Commerce. They may conclude agreements for the joint execution of their tasks as set out in the first sentence. Unofficial table of contents

§ 3 Procedure

(1) Information is given orally, the person to be taught must have the German language skills which are indispensable for the performance of the activity and for the understanding of the teaching procedure. The information shall last for persons within the meaning of Article 1 (2) (1) (1) to (3) at least 80 hours of teaching; for persons referred to in point 4, the information must last at least 40 hours. A lesson is 45 minutes. The information is intended to be used by modern pedagogical and didactic possibilities. A number of persons may be informed at the same time, with the number of participants not exceeding 20. (2) The Chamber of Commerce and Industry shall issue a certificate in accordance with Appendix 1 if the teaching person has been informed of the teaching of the teaching has participated without any absences and has convinced the Board through appropriate measures, in particular through an active dialogue with the participants of the teaching, as well as through oral and written understanding, that the person with the legal provisions necessary for the exercise of the trade, and be familiar with subject-specific duties and powers and their practical application in accordance with § 4. Unofficial table of contents

§ 4 Requirements

The information shall include, in particular, the subject-specific obligations and powers of the following subjects for all types of the surveillance industry:
1.
Law of public security and order, including industrial law and data protection law,
2.
Civil Code,
3.
Criminal and criminal procedural law, including the handling of weapons,
4.
Accident prevention provision of safety and security services,
5.
Dealing with people, in particular behaviour in hazardous situations and de-escalation techniques in conflict situations and
6.
Basic principles of safety technology.
In the case of information to persons within the meaning of Article 1 (2) (1) to (3), the subject-matter of Appendix 2 and, in the case of those of point 4, shall be based on the subject areas of Appendix 3. Unofficial table of contents

§ 5 Recognition of other evidence

(1) The following certificates shall be recognised as proof of the necessary information:
1.
financial statements relating to the guarding industry which have been acquired pursuant to § § 4, 53 of the Vocational Training Act or in accordance with § § 25, 42 of the Crafts Code,
2.
for the surveillance industry, relevant financial statements based on legislation enacted by the Chambers of Industry and Commerce in accordance with Article 54 of the Vocational Training Act,
3.
Degrees within the framework of a career examination, at least for the middle police execution service, also in the Federal Border Protection and the Federal Police, for the middle judicial enforcement service, for the middle customs service (with authorization to lead a weapon) and for field hunters in the Bundeswehr,
4.
Successfully completed examination of the subject-matter in accordance with § 5c (6).
(2) Persons within the meaning of Article 1 (2) (4), who have been informed in accordance with § 3 and intend to carry out activities pursuant to § 1 (2) No. 1 to 3, do not need to be informed if they have been uninterrupted for at least three years since then. Evidence of guarding activity.

Section 1a
Expert examination

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§ 5a Purpose, Affected

(1) The purpose of the examination according to Article 34a (1) sentence 6 of the Industrial Code is to provide proof to the competent enforcement authorities that the persons working in these areas have knowledge of the performance of these activities. have acquired the necessary legal provisions and subject-specific obligations and powers, as well as their practical application, to the extent that they enable them to carry out these monitoring tasks independently. (2) Subject matter of the The examination shall be carried out on the basis of the subjects listed in § 4; the examination shall be based on: each of the areas listed there, with a focus on the areas referred to in Article 4 (1) and (5) of the oral examination. Unofficial table of contents

§ 5b Executive Committee and Audit Committee

(1) The examination of the subject-matter examination is carried out by Chambers of Industry and Commerce. (2) For the acceptance of the examination, Chambers of Industry and Commerce establish examination committees. They shall appoint the members of that committee, as well as the chairman and his deputy. The members must be knowledgeable in the examination areas and suitable for participation in the examination system. (3) Several chambers of industry and commerce can set up a joint audit committee. Unofficial table of contents

§ 5c Procedure

(1) The examination shall be divided into an oral and a written part. (2) In the oral examination, up to five test specimens may be examined at the same time; it shall take approximately 15 minutes for each test specimen. (3) The performance of the test specimen shall be: (4) The audit is not public. However, representatives of the supervisory authorities and members of another audit committee may be present; they may not take part in the deliberations on the outcome of the examination. (5) The examinations may be repeated. (6) The Chamber of Commerce and Industry shall issue a certificate in accordance with Appendix 4 if the person under examination has successfully passed the examination. (7) Details of the examination procedure shall be issued by the Chamber in the form of a statutes. Unofficial table of contents

§ 5d Recognition of other evidence

Holders of the examination certificates referred to in § 5 (1) no. 1 to 3 do not require the examination in accordance with § 5a.

Section 1b
Recognition of foreign certificates of competency

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§ 5e (omitted)

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§ 5f Use of the freedom to provide services

Before the initial provision of a temporary and occasional monitoring service at home, the competent authority shall verify that there is an essential difference between the qualification of the display according to § 13a of the commercial order the person in question and the knowledge required if, taking into account the specific intended activity, insufficient qualifications are likely to pose a serious risk to the health or safety of the recipients of the service. In the case of Section 13a (3) of the Commercial Code, the competent authority shall inform the person requesting the notification of its right to vote in accordance with Section 13c (3) of the Commercial Code.

Section 2
Liability insurance, limitation of liability

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§ 6 Liability insurance

(1) The trader shall, in respect of himself and the persons employed in his commercial enterprise, cover the damage caused to the contracting authorities or to third parties in the implementation of the security contract, in the case of a person within the scope of the (2) The minimum amount of the insured sum shall be equal to the amount of the insurance sum, in accordance with the provisions of the first sentence of paragraph 2. (2)
1.
for personal injury, EUR 1 million,
2.
EUR 250,000 for property damage,
3.
for the handing over of a growing amount of 15,000 euros,
4.
for pure property damage 12,500 Euro.
The insurer ' s benefits for all damage caused within an insurance year may be limited to the double amount of the minimum insurance sum. The risks referred to in points 3 and 4 of the first sentence shall be exempted from the obligation to provide insurance, to the extent that the trader only works for the contracting entities which have been shown to be in agreement with this restriction of the obligation to provide insurance. (4) Paragraphs 1 and 2 shall not apply insofar as only land vehicles or land vehicles for the adjudicating entity are subject to the conditions laid down in paragraphs 1 and 2 of the Insurance Contract Law. shall be guarded, including items carried on. Unofficial table of contents

§ 7 Liability limitation

The trader may limit the liability arising from the monitoring activity only up to the minimum amount of the insurance sum (§ 6 para. 2 sentence 1), insofar as this is permissible under other legislation. Exclusion periods can be agreed upon for the assertion of claims.

Section 3
Obligations in the exercise of the trade

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§ 8 Data protection, maintenance of business secrets

(1) The provisions of the First and Third Section of the Federal Data Protection Act shall also apply, with the exception of section 27 (2), to the extent that the trader in the performance of his/her business data on persons who are not in his company is not processed, used or collected in the use of data processing systems, in or from non-automated files. To the extent that the provisions of the First Section of the Federal Data Protection Act apply only to automated processing, they shall not be used. The provisions of the Third Section of the Federal Data Protection Act, which apply only to automated processing or to the processing of personal data in or from non-automated files, shall be used accordingly. § § 34 and 35 of the German Federal Data Protection Act shall apply with the proviso that § 19 (1) sentence 3 and § 20 (1) sentence 2 of the Federal Data Protection Act shall apply accordingly. (2) The trader has employed those in his commercial enterprise. To oblige persons in writing, even after their departure, not to disclose any unauthorised disclosure of the business and trade secrets of third parties which have become known to them in the performance of the service. Unofficial table of contents

§ 9 Employees

(1) The trader shall be allowed to employ only persons with security duties,
1.
that are reliable,
2.
that's the 18. Have completed a life year or have a degree in accordance with § 5 (1) no. 1 to 3 and
3.
a certificate of accommodation in accordance with § 3 (2), an examination certificate in accordance with § 5 (1) or a certificate issued by the former trader pursuant to § 17 (1) sentence 2 or in the cases of § 34a (1) sentence 6 of the commercial order, an examination certificate according to § 5c (6) or § 5 (1) (1) (1) to (3).
In order to verify the reliability, the authority shall obtain unlimited information in accordance with § 41 (1) No. 9 of the Federal Central Register Act; this shall apply in accordance with the persons referred to in § 1 (2) (2) and (3). (2) The required As a rule, such persons do not have the reliability of such persons.
1.
Member
a)
in an association which has been prohibited as an organization under the law of the association or which is subject to an incontestable prohibition of actuation under the law of association, or
b)
in a party whose unconstitutionality has been determined by the Federal Constitutional Court in accordance with Section 46 of the Federal Constitutional Court Act, if ten years have not yet elapsed since the termination of the membership, or
2.
individually or as a member of an association, pursue aspirations within the meaning of Section 3 (1) of the Federal Constitutional Protection Act or have pursued it in the last five years.
For the purpose of verifying the reliability of guards who are to be charged with protection tasks in the satisfactory possession of objects which may pose a particular threat to the general public in the event of criminal activity, the competent authority may, in addition, arrange for the intelligence information system to be interrogated by the competent authority responsible for the seat of the authority responsible for the protection of the constitution. This also applies once the activity of a guard has been taken up. § 1 of the Security Examination Act shall remain unaffected. (3) The trader shall notify the competent authority of the security guards he intends to employ by sending the documents referred to in the first sentence of paragraph 1 above. He shall report to her for each calendar year the names and first names of the guards who have been retired from him, indicating the start of employment, by 31 March of the following year. Sentences 1 and 2 shall apply in accordance with the persons referred to in Article 1 (2) (2) (2) and (3). Unofficial table of contents

§ 10 Service instruction

(1) The trader shall be responsible for regulating the guard service by means of a service instruction in accordance with the provisions of sentences 2 and 3. The instructions must include the indication that the guard does not have the capacity and the powers of a police officer, an auxiliary police officer or any other servant of a public authority. The instructions must also stipulate that the guard may, during the service, only carry out a firearm, a shot and a shock, as well as a fuel spray device with the consent of the trader, and without delay of any use of such weapons. and the trader. (2) The trader shall have a copy of the service instruction and the accident prevention provision (BGV C 7), including the one Implementing instructions issued against a receipt to be handed out. Unofficial table of contents

§ 11 ID

(1) The trader shall issue an identity card to the guard in accordance with the provisions of sentences 2 and 3. The card must contain:
1.
name and first name of the guard,
2.
the name and address of the trader,
3.
Light image of the guard,
4.
The following shall be signed by the guard and the trader, his representative or his representative.
The identity card must be such that it is clearly different from official identity cards. (2) The trader has to be numbered consecutively and entered in a list. (3) The trader has to pay the security to the operator. (4) Growing persons exercising activities in accordance with the first sentence of Article 34a (1) (6) (1) and (3) of the Industrial Code shall have a visible effect on the security of the security and the security of the security and the security of the security of the security of the security of the security of the security of the security. a sign with its name or identification number, and the name of the trader, . Unofficial table of contents

§ 12 Service clothing

If the trader determines a service clothing for his security guards, he shall ensure that it cannot be confused with uniforms of the members of the armed forces or administrative authorities and that no badge shall be used. , the office signs are similar for confusing. Wreaers who are to enter the impoverted possession in the exercise of their service must wear a service clothing. Unofficial table of contents

Section 13 Treatment of weapons and compulsory notification by use of weapons

(1) The trader shall be responsible for the safe storage of the weapons and ammunition. He shall ensure the proper return of firearms and ammunition after the end of the guard service. (2) If the trader or one of his guards has made use of weapons in the guard service, the trader shall have the following shall immediately notify the competent authority and, if no notification has yet been made pursuant to section 10 (1) sentence 3, of the competent police service. Unofficial table of contents

Section 14 Accounting and retention

(1) The trader shall keep records in accordance with the following rules, and shall collect documents and documents on a clear basis. The records shall be recorded immediately and in German. § 239 (2) to (4) of the Commercial Code shall apply mutatily. (2) The trader shall record the name and address of the payer, the content and the nature of the order and the date of the conclusion of the contract, by means of each security contract. In addition, he has the following records:
1.
in accordance with Section 9 (1), on the name, address, date of birth and day of recruitment of security guards,
2.
pursuant to Section 11 (3) on the obligation of the guards to take part and to show the identity of the card,
3.
in accordance with Section 11 (4) of the Directive on the obligation of the guard to bear a nameplate or a identification number,
4.
on the surrender of firearms and ammunition pursuant to Section 28 (3) sentence 2 of the Weapons Act and on the return pursuant to § 13 para. 1 sentence 2.
(3) The trader shall collect the following documents and supporting documents:
1.
Insurance contract in accordance with § 6 (1),
2.
Declaration of Commitment by the Watchman pursuant to Section 8 (2),
3.
Proof of the reliability, the subdirections and the examinations of the subject-matter of guards in accordance with § 9 (1) sentence 1 as well as the reports of guards, legal representatives and company managers pursuant to § 9 para. 3,
4.
The service referred to in section 10 (1) sentence 1 and the receipt of the receipt pursuant to paragraph 2,
5.
Form of an identity card pursuant to section 11 (1) sentence 1 and the list referred to in paragraph 2 above,
6.
the designation pursuant to section 28 (3) sentence 1 and the official consent pursuant to section 28 (3) sentence 2 of the Weapons Act,
7.
Display of the use of weapons in accordance with § 13 para. 2.
(4) The records, documents and supporting documents shall be kept in the premises up to the end of the third calendar year following the date of their creation. The retention period shall expire from this
1.
in the cases referred to in the first sentence of paragraph 2 and in paragraph 3 (1), and all the documents relating thereto, three years after the end of the calendar year in which the Treaties ended,
2.
in the cases referred to in the second sentence of paragraph 2 (2) and (3) (3) (2) to (5), three years after the end of the calendar year in which the employment relationship ended.
(5) The obligation to keep records of security contracts does not exist as far as land vehicles are guarded. (6) An obligation under other rules to keep records and to keep books, records, records and supporting documents shall remain unaffected. Unofficial table of contents

Section 15 Information of the commercial offices

In criminal matters against the persons referred to in Article 1 (2), if the charge is likely to cause doubts as to suitability or reliability, the following information shall be provided by the public prosecutors and courts to the persons responsible for the monitoring competent authority of the security undertaking shall:
1.
the adoption and enforcement of an arrest or placement command;
2.
the indictup or an application to be sent to its place;
3.
the request for the issuing of a criminal order;
4.
the final decision on the basis of the decision.

Section 4
Irregularities

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§ 16 Administrative Offences

(1) In the sense of § 144 (2) (1b) of the Commercial Code, who intentionally or negligently acts in the sense of an order of law
1.
Contrary to Article 6 (1), no liability insurance is excluded or not maintained,
2.
Contrary to Section 8 (2), a person employed in his trade business shall not be obliged to, or not, in the prescribed manner,
3.
Contrary to Section 9, Section 1, sentence 1, a person is employed with the guarding of the person,
4.
Contrary to § 9 (3) sentence 1 and 2, even in conjunction with sentence 3, a report does not make, not correct, not complete, not in the prescribed manner or does not make it in time,
5.
Contrary to Section 10 (1) sentence 1, the guard service shall not be regulated by a service instruction,
6.
, contrary to Section 11 (1) sentence 1, does not issue a card or does not correctly issue a card,
7.
Contrary to Article 11 (4) sentence 1, a sign is not or is not provided in the prescribed manner,
8.
Contrary to Section 13 (1) sentence 2, the return of firearms and ammunition is not ensured,
9.
, contrary to § 13 para. 2, an advertisement is not reimbursed, not correct or not timely,
10.
, contrary to § 14 (1) sentence 1 or 2 or 2 (2), a record is not made, not correct, not complete, in the prescribed manner or not in time, or
11.
Contrary to Section 14 (4), a record, a document or a document is not retained or not retained for the prescribed period.
(2) In the sense of Section 145 (2) No. 8 of the Commercial Code, the person who intentionally or negligently deals with an act referred to in paragraph 1 in the exercise of a travel business. (3) Contrary to the order of law pursuant to § 146 (2) No. 11 of the German Commercial Code ("Gewerbeordnung"). The commercial order shall be the person who intentionally or negligently deals with an act referred to in paragraph 1 in the exercise of a trade fair, exhibition or market trade.

Section 5
Final provisions

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§ 17 Transitional provision

(1) Persons within the meaning of section 1 (2) (1) to (3), who have been entitled to exercise the surveillance business on 1 December 1994 for at least three years, or who have been employed as legal representatives or managers, and persons within the meaning of point 4, who have been authorized to act in accordance with the provisions of paragraph 1 (2). The information provided on 31 March 1996 in a monitoring company shall be exempt from the information. The trader certifies persons within the meaning of section 1 (2) no. 2 to 4 that they satisfy the conditions set out in sentence 1. (2) For persons within the meaning of Section 5a (1), which has been entitled to and without interruption on 1 January 2003 for at least three years. in the security sector, proof of the examination of the subject-matter is deemed to have been performed. Persons who are active on 1 January 2003 for less than three years in the guarding sector shall be required to provide proof of a successful examination of the subject-matter in accordance with § 5a to 1 July 2005. The trader certifies persons within the meaning of section 1 (2) no. 2 to 4 that they satisfy the requirements of sentence 1. Unofficial table of contents

Section 18 (Entry into force, expiry of the external force)

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Appendix 1 (to § 3 para. 2)
Certificate of information according to § 34a (1) sentence 3, point 3, sentence 5 of the industrial order

(Fundstelle: BGBl. I 2003, 1384; individual changes, see Footnote)
Mr 
Woman .......................................................................
(name and first name)
born on ............................ in ................................
Resident in ................................................................
is in the period from .................. to ................................
by the Chamber of Industry and Commerce .......................................
as
-Self-employed persons *)
-legal representative of a legal person *)
-Operations Manager *)
-Unselfemployed *)
on the legal provisions necessary for the exercise of the trade
Regulations have been informed and are familiar with them.
The information contained in particular the subject-specific
Duties and powers of the following subjects:
1. Law of public security and order, including
commercial law and data protection law,
2. Civil Code,
3. criminal and criminal procedural law, including the handling of weapons,
4. accident prevention provision of safety and security services,
5. dealing with people, in particular behaviour in hazardous situations
and de-escalation techniques in conflict situations,
6. Basic principles of safety technology.

(Stamp/Seal)

............................................................................
(Place and date)
(Signature)
------------
*) Delete as appropriate.
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Appendix 2 (to § 4)
Subject areas for the teaching procedure in the surveillance sector Bewachungsgeweroperators (80 teaching hours)

Source of the original text: BGBl. I 2003, 1385
1.
Law of public security and public order, including industrial law and data protection law
-
Tasks as well as delineation of the activities of security companies to the tasks of the police and law enforcement authorities
-
Obligations of operators in accordance with
o
§ § 14, 34a GewO
o
of the Surveillance Ordinance
o
the Federal Data Protection Act
a total of about 20 lessons
2.
Civil Code
-
Emergency rifle (§ 227 BGB), state of emergency (§ § 228, 904 BGB), self-help (§ § 229, 859 BGB), prohibited self-power (§ 858 BGB), liability and criminal law (§ § 823ff. BGB), property and property (§ § 903, 854 BGB), Schikaneverbot (§ 226 BGB), where demarcation issues are identified in the relevant regulations of the StGB (§ § 32 to 35)
a total of about 6 hours
3.
Criminal and procedural law including the handling of defence weapons
-
Individual criminal offences (e.g. § 123, § § 185ff., § § 223ff., § 239, § 240, § § 244ff. StGB)
-
Provisional arrest (§ 127 StPO)
-
Dealing with defensive weapons (firearms, batons, sprays, etc.)
a total of about 10 lessons
4.
Accident prevention provision of occupational safety and security services (BVG C 7) for a total of approximately 14 hours of teaching
5.
Dealing with people, in particular behaviour in hazardous situations and de-escalation techniques in conflict situations
-
Self-esteem (conditions for the right handling of yourself and his fellow human beings)
-
Excess self-worth-/inferiority feelings (causes and scale loss)
-
Conflict/Stress (emergence, conflict levels, difficult situations, solution aids)
-
Correct response and guidance in the conversation (basic rules for correct/wrong behavior)
a total of about 20 lessons
6.
Basic principles of safety technology
-
Mechanical safety technology
-
Alarm systems; alarm tracking
-
Fire protection
a total of about 10 lessons
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Appendix 3 (to § 4)
Subject areas for the teaching procedure in the security sector (40 hours of teaching)

Source of the original text: BGBl. I 2003, 1386
1.
Law of public security and public order, including industrial law and data protection law
-
Tasks as well as delineation of the activities of security companies to the tasks of the police and law enforcement authorities
-
§ 34a Trade Regulation, Regulation of Vigilance
a total of about 6 hours
2.
Civil Code
-
Emergency rifle (§ 227 BGB), state of emergency (§ § 228, 904 BGB), self-help (§ § 229, 859 BGB), prohibited self-power (§ 858 BGB), liability and criminal law (§ § 823ff. BGB), property and property (§ § 903, 854 BGB), Schikaneverbot (§ 226 BGB), where demarcation issues are identified in the relevant regulations of the StGB (§ § 32 to 35)
a total of about 6 hours
3.
Criminal and procedural law including the handling of defence weapons
-
Individual criminal offences (e.g. § 123, § § 185ff., § § 223ff., § 239, § 240, § § 244ff. StGB)
-
Provisional arrest (§ 127 StPO)
-
Basic principles of the duties of the Public Prosecutor's Office and the police (§ § 152, 163 StPO)
-
Dealing with defensive weapons (batons, sprays, etc.)
a total of about 6 hours
4.
Accident prevention provision Wach and backup services (BVG C 7) for a total of about 6 hours
5.
Dealing with people, in particular behaviour in hazardous situations and de-escalation techniques in conflict situations
-
Self-esteem (conditions for the right handling of yourself and his fellow human beings)
-
Excess self-worth-/inferiority feelings (causes and scale loss)
-
Conflict/Stress (emergence, conflict levels, difficult situations, solution aids)
-
Correct response and guidance in conversation (basic rules for correct/wrong behaviour)
a total of about 11 lessons
6.
Basic principles of safety technology
-
Mechanical safety technology
-
Alarm systems; alarm tracking
-
Fire protection
a total of about 5 lessons
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Annex 4 (to section 5c (6))
Confirmation of the successful filing of an examination of the subject-matter in accordance with § 34a (1) sentence 6 of the commercial order

(Fundstelle: BGBl. I 2003, 1387; individual changes, see Footnote)
Mr/woman ..................................................................... 
(name and first name)
born on ........................ in ........................................
Resident in ...................................................................
has been at ........................................................................
Before the Chamber of Industry and Commerce ..........................................

Examination of the subject-matter examination for the exercise of the safety and security industry
in accordance with Section 34a (1) sentence 5 of the Commercial Code.

The examination covered, in particular, the subject-specific
Duties and powers of the following subjects:
1. Law of public security and order, including
commercial law and data protection law,
2. Civil Code,
3. criminal and criminal procedural law, including the handling of weapons,
4. accident prevention provision of safety and security services;
5. dealing with people, in particular behaviour in hazardous situations and
De-escalation techniques in conflict situations,
6. Basic principles of safety technology.

(Stamp/Seal)

(Place and date)
(Signature)