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05. October 2020

News release

New Security Services Act: Countdown for Planned Implementation still in this Legislative Period

-> Friedrich P. Kötter, Member of the Board of Directors: “A proposed law should ensure that the legal basis keeps pace with the actual importance of the security industry

-> Former State Secretary Fritz Rudolf Körper: Departmental agreement from the ministries and rough time schedule with the goal of implementing the law before next year’s Bundestag elections in place

Essen (05/10/2020). The security industry, with its approximately 267,000 employees, is currently facing important upheavals: Since July 1, it has been part of the jurisdiction of the Federal Ministry of the Interior (BMI) for the first time, while at the same time a separate Security Services Act (Sicherheitsdienstleistungsgesetz – SDLG) is imminent. The industry, state, citizens and companies will all benefit equally from the intended increase in entry requirements for future security contractors and employees as well as in quality and training standards.

These expected positive effects with regard to internal security therefore also illustrate the relevance of the measures introduced by the Federal Government for a timely implementation of the law: “The departmental agreement between the Federal Ministry of the Interior (BMI) and the previously responsible Federal Ministry of Economics and Technology has been concluded, and the rough time schedule is in place,” emphasises Fritz Rudolf Körper, member of the KÖTTER Safety Advisory Board and former State Secretary. Starting with workshops on central contents planned at short notice and involving, among others, representatives of companies and associations, all the way to the goal of implementation before the end of this legislative period.

Friedrich P. Kötter, Member of the Board of Directors of the KÖTTER Security Group, also welcomes these important decisions and at the same time emphasises the importance of the rapid implementation of the law. “The Security Services Act is intended to ensure that the legal basis for the security industry finally keeps pace with its actual performance and significance in the future,” says the Vice President of the Federal Association of the Security Industry (BDSW). “In view of the Bundestag elections due in a year’s time, however, the countdown for the bill is already under way.”

With regards to implementation, the following topics must remain the focus: significant tightening of requirements for the reliability and qualification of contractors and employees; an intensification and harmonisation of security checks; increasing the quality weighting in public tenders; extending the scope of application to in-house activities as well.

This results in the following concrete requirements, among others:

  • Security contractor: Anyone who wants to work as a security contractor in the future must demonstrate their reliability without compromise, which is continuously and independently checked by the regulatory authorities from the time of application. A minimum of 160 hours of proof of qualification is required, which ends with an oral and written examination. This is also given if the representatives of the company have successfully completed training as a specialist / master craftsman for protection and security or have a corresponding university degree, e.g. in law or economics. All the above-mentioned requirements should not only apply to traditional security contractors, but also to operators of emergency and service control centres, security consultants and brokers, and contractors, among others. 
  • Security employees: Instruction as the means to entering the industry, which only requires the presence of the participant without a final test of learning success, is to be replaced by expertise verification. The sole implementation by the Chambers of Industry and Commerce (IHK) should be expanded to include BDSW-recognised and certified training institutes and academies. At the same time, the acquired knowledge must be regularly refreshed through further training. More specialised qualifications are needed for the protection of critical and sensitive infrastructures such as public transport, refugee accommodation or in the event sector. In the course of the reliability check of the employees, the certificates of good conduct must be continuously and independently verified by the regulatory authorities. 
  • Inhouse activities: These must be within the scope of the SDLG,  as it is irrelevant whether the employee works for a security service provider or, for example, directly for a stadium operator who provides his or her own protection measures.
  • Tenders: The higher standards cannot be implemented at “zero cost”. A stronger quality weighting in public tenders and awards is absolutely necessary. Here, Germany must follow the example of other European countries such as Spain and make the best bidder principle a binding award criterion. This means that instead of the cheapest price, qualitative criteria become the decisive factor. One thing is clear: the more critical the object to be secured is, the higher the requirements must be. A general quality weighting of at least 60 % seems appropriate.

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