Regulation Of The Security Industry

Original Language Title: Verordnung über das Bewachungsgewerbe

Read the untranslated law here: http://www.gesetze-im-internet.de/bewachv_1996/BJNR160200995.html

Regulation of the security industry (security regulation - BewachV) BewachV Ausfertigung date: 07.12.1995 full quotation: "guarding regulation as amended by the notice of July 10, 2003 (BGBl. I p. 1378), most recently by Article 2a paragraph 3 of the law of 4 March 2013 (Gazette I p. 362) is changed" stand: Neugefasst by BEK. v. 10 7.2003 I, 1378;
 
amended by art. 2a para 3 G v. 4.3.2013 I 362 for more information on the stand number will find in the menu see remarks footnote (+++ text detection from: 1.4.1996 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 36/2005 (CELEX Nr: 305 L 0036) +++) section 1 notification procedure § 1 purpose, affected (1) purpose which is informing it, persons working in the security industry with the regulations necessary for the practice of the trade and specific duties and powers, as well as their practical application in a range familiar to make them allows the independent performance of guard duties.
(2) the disclosure procedures have to take 1 persons who wish to pursue the security industry after section 34a para 1 sentence 1 of the trade regulations as self-employed, 2. for legal entities the legal representatives, insofar as she directly concerned with carrying out security tasks, 3. responsible persons and 4 other dependent, which should employed with the management of commercial operations carrying out security tasks according to § 34a paragraph 1 sentence 5 of the Gewerbeordnung.

§ 2 competent authority the information shall be made by the Chambers of Commerce and industry. You can include agreements on the joint execution of their task pursuant to sentence 1.

Section 3 procedure (1) the information shall be made orally, the person to teach must have about to engage in the activity and to the understanding of the minor direction process indispensable German language skills. The briefing has to take no. 1 to 3 at least 80 teaching hours; for persons within the meaning of § 1 para 2 the briefing must last at least 40 hours for persons within the meaning of point 4. One lesson hour is 45 minutes. At the briefing, use should be made of modern pedagogical and didactic possibilities. Several people can be, taught at the same time where the number of 20 teaching participants should not exceed.
(2) the Chamber of Commerce and industry shall convinced after Appendix 1 if the informed person has participated in the classroom without absenteeism and to a certificate of the Chamber through appropriate measures, in particular through an active dialogue with the class participants, as well as through oral and written comprehension questions, has that is familiar to the person with the regulations necessary for the practice of the trade and specific duties and powers, as well as their practical application in accordance with section 4.

Section 4 requirements the information includes for all kinds of security industry in particular the specific duties and powers of the following subjects: 1. right of public security and order including trade law and data protection law, 2. Civil Code, 3. criminal and criminal procedural law including dealing with weapons, 4. accident prevention regulation hoʻoponopono and backup services, 5. dealing with people, especially behavior in dangerous situations and de-escalation techniques in conflict situations and 6 basic principles of security technology.
The subjects of the Appendix 2 are the disclosure by persons within the meaning of § 1 para 2 No. 1 to 3 and to use in those number 4 the fields covered by the Appendix 3.

Article 5 recognition of other (1) following certificates be recognized as proof of the required information: 1 for the parking industry relevant qualifications, on the basis of regulations after paragraph 4, 53 of the vocational training act or acquired according to §§ 25, 42 of the handicrafts Regulation Act, relevant financial statements on the basis of legislation adopted by the Chambers of Commerce and industry according to § 54 of the vocational training Act are 2 for the security industry , 3 degrees during a career test at least for the medium-sized police service, also in the Bundesgrenzschutz federal police, for the Middle judicial service, for the average customs service (with permission to carry a gun) and for military police in the Bundeswehr, 4. successfully dropped competence assessment according to sec. 5 c para 6 (2) persons in the sense of § 1 para 2 No. 4, which have been taught according to § 3 and activities after § 1 paragraph 2 No. 1 to 3 wish to pursue , require any further information, if they prove a minimum three-year continuous surveillance activity since then.
Phase 1a competence examination § 5a purpose, affected parties (1) purpose which § 34a paragraph 1 set 6 of the GewO is competence check to prove that persons working in these areas have acquired knowledge of legislation necessary for the pursuit of these activities and specific duties and powers, and their practical application in a range that allow them to independent tasks this security to the competent law enforcement authorities.
(2) subject to the competence assessment are the functional areas listed in section 4; the test to stretch on each of the listed areas, where in the oral exam is a focus on those in section 4 to no. 1 and 5 areas named.

§ 5 b competent authority and Audit Committee (1) the acceptance of the competence assessment is done by Chambers of Commerce and industry.
(2) for the acceptance of testing, chambers of Commerce and industry building audit committees. They appointed the members of this Committee, as well as the President and his Deputy. The members must be competent for the examination areas and suitable for participation in the examination.
(3) several chambers of Commerce and industry can build a joint Audit Committee.

§ to integrate 5 c procedure (1) that is testing an oral and a written part.
(2) in the oral examination at the same time up to five specimens can be tested; It should take about 15 minutes for each test specimen.
(3) the performance of the test specimen is from the Audit Committee to assess with pass or fail.
(4) the review is not public. It instructed representatives of the supervisory authorities, as well as other Audit Committee can be present; they may not participate in the advice about the exam result.
(5) the test must be repeated.
(6) the Chamber of trade and industry issues a certificate according to annex 4, if the certified person has successfully passed the examination.
(7) the Chamber in the form of articles of association issue details of the inspection procedure.

§ 5 d recognition of other owner who in § 5 para 1 No. 1 to 3 mentioned certificates require not of verification according to § 5a.
Section 1 (b) recognition of foreign qualifications § 5e (dropped out) 5f § use of the freedom to provide services before of first an only temporary and occasional guarding service provision in domestic checks the competent authority whether an essential difference between the qualification consists of the person according to section 13a of the Gewerbeordnung refund display and required knowledge if, taking into account the specifically intended activity with inadequate qualifications would be a serious danger to the health or safety of the service recipient. The competent authority in the case of article 13a par. 3 of the trade regulations shall inform the person be refunded display about their voting rights according to § 13 c of paragraph 3 of the Gewerbeordnung.
Section 2 liability, limitation of liability § 6 liability (1) the trader has for himself and the persons employed in his business to cover the damage incurred by the clients or third parties in the implementation of the security agreement, to complete a liability insurance in accordance with paragraph 2 sentence 1 with an insurer authorised in the scope of this regulation to the business and to maintain.
(2) the minimum amount of insurance money is per damage event 1 for personal injury 1 million euros, 2. for property damage 250,000 euros, 3. things for the misplacement guarded 15,000 euros, 4th for pure financial losses 12,500 euros.
The services of the insurer for all damages caused within one year of insurance can be limited to double the amount of the minimum sum insured. In sentence 1 No. 3 and 4 the risks are exempted from compulsory insurance, insofar as the trader only for clients, who have demonstrably agreed with this limitation of compulsory of insurance, shall act.
(3) the competent authority within the meaning of § 117 paragraph 2 of the German insurance contract law is the authority pursuant to article 155 para 2 of the industrial code specific.
(4) paragraphs 1 and 2 do not apply, as far as for the principal only land or land vehicles should be guarded including medical items.

§ 7 limitation of liability the trader should liability from surveillance activities only up to the minimum amount of the sum of insured (§ 6 para 2 sentence 1) limit, as far as this is allowed on the basis of other legislation. Limitation periods may be agreed for the assertion of claims.
Section 3 obligations in the exercise of the profession
§ 8 data protection, business confidentiality (1) the provisions of the first and third section of the Federal Data Protection Act found with the exception of section 27, paragraph 2 also apply, as far as data about persons, not employed in his enterprise is the trader in the exercise of his profession, not processes involving the use of computers in or from non-automated files, uses or it collects. So far as the provisions of the first section of the Federal Data Protection Act apply only for automated processing operations, they do not apply. The rules of the third section of the Federal Data Protection Act, which apply only to automated processing operations or for the processing of personal data to or from non-automated files, find appropriate application. Sections 34 and 35 of the Federal Data Protection Act shall apply with the proviso that section 19, subsection 1, sentence 3 and § 20 para 1 sentence 2 of the German Federal Data Protection Act apply appropriate.
(2) the trader has in writing to require persons employed in his business, to reveal business and operating secrets to third parties, who have known them in performance of duties, even after their departure from unauthorized.

Workers § 9 (1) the trader must with security tasks only people deal with, 1 reliable, 2 who reached age 18 or 1 to 3 have a degree according to § 5 para 1 and 3 proof of notification according to § 3 para 2, certificate according to § 5 para 1 or a certificate of the former trader according to § 17 para 1 sentence 2 or in the cases of § 34a paragraph 1 set 6 of the Gewerbeordnung certificate according to § 5 c para 6 or § 5 para 1 No. 1 to 3 present.
To check the reliability of the authority catches up with unlimited information no. 9 of the federal Central Register Act pursuant to § 41 para 1; This applies 2 and 3 persons accordingly to the section 1 para 2 No..
(2) typically such people do not have the reliability the 1 member of a) in a club, which was unmistakably banned according to the law on associations as an organization or who is subject to a unquestionable ban Association under the law or b) were in a party whose Verfassungswidrigkeit has determined the Constitutional Court according to § 46 of the Federal Constitutional Court Act, since the termination of membership a decade still not passed , individually or as a member of an association efforts in the sense of § 3 para 1 of the Federal Verfassungsschutz Act track 2. or have pursued in the last five years.
For the purpose of the background check of awake people who should be entrusted with protection tasks in enclosed private property objects, which in the case of a criminal procedure a special danger to the general public, may be, the competent authority therefore also country authority responsible for the seat of authority for constitutional protection can cause the query of the intelligence information system. This is true even after recording the activity of an awake person. section 1 of the security review law shall remain unaffected.
(3) the trader has been awake people who they want to employ, the competent authority, sending in paragraph 1 sentence 1 documents referred previously to sign. He has to sign her name and first names of awake people departing with him, indicating the beginning of employment for each calendar year up to March 31 of the following year. Sentences 1 and 2 apply to 2 and 3 persons accordingly in article 1 paragraph 2 No..

§ 10 service statement (1) the trader has to regulate the security by a service statement in accordance with sentences 2 and 3. The service statement must include the note that the awake person owns the property and the powers of a police officer, a help police officer or any other officer of an authority. The service statement must also determine that the awake person must lead a firearm, blunt - and sharp weapons as well as irritant sprayers during the service only with the consent of the trader and immediately show any use of these weapons to the competent police station and the trader has.
(2) the trader has the awake person an impression of the service statement, as well as the accident prevention regulations of hoʻoponopono and backup services (BGV C 7) handed over including implementation instructions implementing against acknowledgement of receipt.

§ 11 card (1) the trader has in accordance with sentences 2 and 3 to obtain an awake person. The disclosure must include: 1 name and given name of the awake person, 2. name and address of the trader, 3. photograph of the awake person, 4. signatures of the awake person as well as the professional, his representative or his authorised representative.
The disclosure must be such that it clearly distinct from official identity.
(2) the trader has to renumber the documents and be entered in a directory.
(3) the trader has to commit to carry the card during the guard and to show the representative of the competent authority on request the person awake.
(4) guard who carry out activities according to § 34a paragraph 1 set of 6 numbers 1 and 3 of the Gewerbeordnung, visible must bear a sign with their name or an identification number and the name of the trader.

§ 12 uniforms the trader determines his awake people a service dress, so he has to ensure that she can not be confused with uniforms of members of the armed forces or Government law enforcement agencies and that no badges are used, the official badge confusingly similar. Awake persons who should enter eingefriedetes real estate in the exercise of their Ministry, must wear a uniform.

§ 13 treatment of weapons and obligation after weapon use (1) the trader is responsible for the safe storage of weapons and ammunition. He has to ensure the proper return of the firearms and the ammunition after the end of the guard.
(2) the trader or one of his awake people in the security of weapons has made use, so the trader has this the competent authority without delay and, if still no display according to § 10 para 1 sentence 3 is to display the local police department.

§ To collect 14 accounting and storage (1) which has commercial to make the records in accordance with the following provisions, as well as documents and evidence. The records must be immediately and in German language. Section 239 para 2 to 4 of the commercial code shall apply mutatis mutandis.
(2) the trader has name and address of the contracting authority over every security contract to record content and type of order and date of contract conclusion. In addition, he has following records to produce: 1 pursuant to section 9 para 1 name, address, date of birth and day hiring awake, 2. in accordance with section 11 paragraph 3 concerning the obligation of awake people to carry and present the card to carry 3 in accordance with section 11 (4) the obligation of the person of awake, a name tag or an identification number, 4 for the use of firearms and ammunition in accordance with § 28 para 3 sentence 2 of the Firearms Act and the return in accordance with article 13, paragraph 1 Set 2 (3) the trader has to gather the following documents and documents: 1. insurance contract according to § 6 ABS. 1, 2. undertaking security personnel according to § 8 para 2, 3. evidence about the reliability, briefings and competence tests of awake people according to section 9, subsection 1, sentence 1, as well as messages of awake people, legal representatives and managers according to § 9 para 3, 4 Service statement according to § 10 para 1 sentence 1 and acknowledgment of receipt referred to in paragraph 2 , 5 form of a card list referred to in paragraph 2, naming according to § 28 para 3 sentence 1 and the regulatory approval according to § 28 para 3 sentence 2 of the Firearms Act, 7 display over use of firearms after § 13 para 2 (4) which are records, documents and evidence until the end of the third on the time of its creation following calendar year at the premises to be kept 6 of section 11, subsection 1, sentence 1 and. The retention period ends this derogation 1. in the cases of paragraph 2 sentence 1 and paragraph 3 No. 1 and all this relating documents three years after the end of the calendar year in which the contracts ended, 2. in the cases of paragraph 2 sentence 2 No. 1 and paragraph 3 No. 2 to 5 three years after the end of the calendar year , in which the employment relationship ended.
(5) the obligation to make record of parking agreements, is not, as far as vehicles are guarded.
(Obligation 6) a under other provisions existing accounting and storage of books, records, documents and supporting documents shall remain unaffected.

§ 15 to direct briefing of the commercial offices in criminal cases against the in section 1 para are 2 persons listed, if the charge is suitable to cause doubt as to the suitability or reliability, by the public prosecutor's offices and courts with the following information to the authority responsible for monitoring the security firm: 1 the adoption, and the execution of a detention or lodging command, 2. the indictment or one to claim pro-life their place , 3. the application for a Strafbefehls, 4 the decision concluding the procedure grounds.
Section 4 offences
§ 16 number is administrative offences (1) any person within the meaning of article 144, paragraph 2 1 b of the trade regulations, who intentionally or through negligence liability insurance does not complete 1 violates article 6 par. 1 or not maintaining a person employed in his business or not in the prescribed manner commits 2. violates article 8 par. 2, 3. contrary to article 9, paragraph 1, sentence 1 employs a person guarding , 4. contrary to article 9, paragraph 3, sentence 1 and 2, also in conjunction with sentence 3, a message not properly, not complete, is not in the prescribed manner or in a timely manner, 5. contrary to section 10, paragraph 1, sentence 1 does not regulate the Security Service statement, 6 contrary to section 11, subsection 1, sentence 1 not or not properly issuing a pass, 7 contrary to section 11, paragraph 4, sentence 1 does or does not bear a shield in the prescribed manner , 8 contrary to section 13, paragraph 1, sentence 2 does not ensure the return of firearms and ammunition, 9 contrary to section 13, paragraph 2 a display not, not properly or in a timely manner be refunded 10 contrary to section 14, paragraph 1, sentence 1 or 2 or paragraph 2 a record not, not, not completely, is not in the prescribed manner or in a timely manner or 11 contrary to § 14 para 4 a recording , kept a pad or a receipt or not for the prescribed duration.
(2) any person within the meaning of § 145, para 2, no. 8 of the GewO is person who has intentionally or negligently committed an act referred to in paragraph 1 in the exercise of a travel industry.
(3) any person in accordance with § 146 paragraph 2, no. 11 of the GewO is person who has intentionally or negligently committed an act referred to in paragraph 1 in the exercise of a trade fair, exhibition or market sector.
Section 5 final provisions article 17 transitional provisions (1) the security industry have been persons within the meaning of § 1 para 2 No. 1 to 3, which authorized on December 1, 1994, for at least three years or worked as legal representatives or managers as well as persons within the meaning of the number 4, which employs on March 31, 1996 in a security company were, are exempt from the disclosure. The trader certified persons within the meaning of § 1 para 2 No. 2-4 to meet the prerequisites of sentence 1.
(2) proof of the competence test applies for persons within the meaning of section 5a paragraph 1, which authorized on 1 January 2003 for at least three years and without interruption in the security industry are as given. Persons who are less than three years in the security industry working on January 1, 2003, have to provide proof of a successfully established competence examination according to § 5a until July 1, 2005. The trader certified persons within the meaning of § 1 para 2 No. 2-4 to meet the prerequisites of sentence 1.

Article 18 (entry into force, expiry) - Appendix 1 (to section 3 paragraph 2) certificate of the notification according to § 34a paragraph 1 sentence 3 No. 3, sentence 5 of the Gewerbeordnung (site: BGBl. I 2003, 1384; regarding individual changes cf. footnote) Mr wife...
(Name und Vorname) born at... in... residing in... is in the time of the... until... by the industry and commerce... as - self-employed *)-legal representative of a legal person *)-Manager *) - dependent *) on the necessary legislation has been taught for the practice of the trade and is familiar with them.
The information included in particular the specific duties and powers of the following subjects: 1. right of public security and order including trade law and data protection law, 2. Civil Code, 3. criminal and criminal procedural law including dealing with weapons, 4. accident prevention regulation hoʻoponopono and backup services, 5. dealing with people, especially behavior in dangerous situations and de-escalation techniques in conflict situations, 6 basic principles of security technology.
(Stempel/Siegel)
............................................................................
(Place and date)
(Signature)-*) delete as appropriate.

Annex 2 (to 4) subjects for the notification procedure in the security industry security professionals (80 lessons) site of the original text: BGBl. I 2003, 1385 1 law public safety and order including commercial law and data protection law - tasks, as well as delineation of activities of security companies to the tasks of the police and authorities - obligations of entrepreneurs after o §§ 14, 34a GewO o o security regulation the Federal Data Protection Act approximately 20 hours 2 German civil code - self-defense (§ 227 BGB) , State of emergency (articles 228, 904 BGB), self-help (sections 229, 859 BGB), forbidden power (§ 858 BGB), liability and tort law (§§ 823ff. BGB), ownership and possession (§§ 903, 854 BGB), prohibition of harassment (section 226 BGB), where deferred questions to the relevant provisions of the Criminal Code (sections 32 to 35) shows a total of about 6 lessons 3. criminal and procedural law including dealing with defensive weapons - single offences (E.g. § 123, § § 185ff., § § 223ff., § 239, § 240, §§ 244ff.) CP) – provisional detention (section 127 StPO)-dealing with defensive weapons (firearms, batons, sprays, etc.) a total of about 10 lessons 4. accident prevention regulation hoʻoponopono and backup services (BVG C 7) approximately 14 hours 5 dealing with people, especially behavior in dangerous situations and de-escalation techniques in conflict situations - self-esteem (requirements for correct handling of himself and his fellow) - overreaching self-esteem / inferiority (causes and scale loss) - conflict/stress (emergence, conflict levels , difficult situations, help)-proper response and leadership in conversation (basic rules for correct/incorrect behavior) approximately 20 hours 6 basic principles of safety engineering - mechanical safety technology - hazard notification systems; Alarms - fire approximately 10 hours of lessons Appendix 3 (to 4) subjects for the notification procedure in the security industry security personnel (40 lessons) site of the original text: BGBl. I 2003, 1386 1 law of public security and order including trade law and data protection law - tasks, as well as delineation of activities of security companies to the tasks of the police and authorities - section 34a Gewerbeordnung, guarding regulation approximately 6 hours 2. Civil Code - self-defense (§ 227 BGB) , State of emergency (articles 228, 904 BGB), self-help (sections 229, 859 BGB), forbidden power (§ 858 BGB), liability and tort law (§§ 823ff. BGB), ownership and possession (§§ 903, 854 BGB), prohibition of harassment (section 226 BGB), where deferred questions to the relevant provisions of the Criminal Code (sections 32 to 35) shows a total of about 6 lessons 3. criminal and procedural law including dealing with defensive weapons - single offences (E.g. § 123, § § 185ff., § § 223ff., § 239, § 240, §§ 244ff.) CP) – provisional detention (article 127 StPO)-outline of the tasks of the public prosecutor's Office and police (§§ 152, 163 StPO)-dealing with defensive weapons (batons, sprays, etc.) approximately 6 lessons 4. accident prevention regulation hoʻoponopono and backup services (BVG C 7) approximately 6 hours 5 dealing with people, especially behavior in dangerous situations and de-escalation techniques in conflict situations - self-esteem (requirements for correct handling of himself and his fellow) - overreaching self-esteem / inferiority (causes and scale loss) - conflict/stress (emergence , Levels of conflict, difficult situations, help)-proper response and leadership in conversation (basic rules for correct/incorrect behavior) approximately 11 hours 6 basic principles of safety engineering - mechanical safety technology - hazard notification systems; Alarms - fire a total of about 5 hours Appendix 4 (to § 5 c para 6) attesting to the successful passing of a competence examination pursuant to section 34a paragraph 1 set 6 of the Gewerbeordnung (site: BGBl. I 2003, 1387; regarding individual changes cf. footnote) Mr/Mrs/Ms...
(Name and first name) born at... in... residing in... has most... before the Chamber of Commerce and industry... the competence test for the exercise of the security and safety sector after section 34a, para 1, sentence 5 of the Gewerbeordnung successfully filed.
Testing stretched in particular on the specific duties and powers of the following subjects: 1. right of public security and order including trade law and data protection law, 2 German civil code, 3. criminal and criminal procedural law including dealing with weapons, 4. accident prevention regulation hoʻoponopono and security services, 5. dealing with people, especially behavior in dangerous situations and
De-escalation techniques in conflict situations, 6. Basic principles of security technology.
(Stamp/seal)
(Place and date)
(Signature)