Private Security in Spain: Regulations and Requirements

Posted on Aug 21, 2024 in Law & Jurisprudence

Private Security in Spain

Security Companies

Security is a fundamental aspect of modern society, and in Spain, it is regulated by Law 23/92 of July 30th and Royal Decree 2364/94 of December 9th. These regulations establish the framework for private security companies and personnel, outlining their responsibilities and obligations.

Security companies play a crucial role in complementing and supporting the efforts of law enforcement agencies (FFCCS). They are obligated to assist and cooperate with the FFCCS in their duties.

Key Requirements for Security Companies:

  1. Exclusive Corporate Purpose: Must focus solely on security services as defined in Art. 5 of the Private Security Law.
  2. Nationality: Must be a member of the European Union or a party to the European Economic Area agreement.
  3. Resources: Must possess adequate human, training, financial, and technical resources as specified in the regulations. Companies utilizing weapons must ensure proper use and custody.
  4. Liability Insurance: Must have liability insurance or provide financial guarantees as outlined in the regulations.
  5. Deposit: Must establish a deposit with Spanish authorities to cover potential liabilities arising from operational violations.
  6. Registration: Must be registered with the Ministry of Interior’s Registry of Security Companies.

All contracts for security services must be in writing, adhere to the official model, and be communicated to the Ministry of Interior three days prior to service commencement.

Security Personnel

Individuals seeking to work as private security personnel must obtain prior authorization from the Ministry of Interior.

Requirements for Security Personnel Qualification:

  1. EU Nationality
  2. Age of Majority
  3. Physical and Mental Capacity
  4. Successful Completion of Required Training and Testing
  5. Clean Criminal Record
  6. No Serious or Very Serious Sanctions in the Past 2-4 Years
  7. Not Separated from Military Service or FFCCS
  8. No Convictions for Offenses Related to Honor, Privacy, or Secrecy in the Past 5 Years

Security Guards

Functions of Security Guards:

  1. Supervision and Protection: Oversee and protect property and individuals within designated areas.
  2. Identity Checks: Verify identities at access points but are prohibited from retaining personal documents.
  3. Crime Prevention: Prevent crimes or offenses related to their area of responsibility.
  4. Cooperation with FFCCS: Immediately report offenders and provide evidence to law enforcement.
  5. Secure Handling of Valuables: Safely store, count, sort, and transport money, securities, and valuables.
  6. Alarm Response: Respond to alarms not handled by the FFCCS.

Specific Authorizations: Protection of explosives requires special authorization.

Use of Firearms: Security guards may only carry firearms while on duty and for specific functions authorized by law, such as the transport of valuables or the protection of sensitive sites. They must undergo mandatory target practice and maintain their firearms licenses.

Consequences of Failed Target Practice: Failure or negative results in target practice may lead to temporary suspension of firearms authorization until successful completion.