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What it is

How private security works in Spain: companies, staff and services

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 14 June 2013. Introduced by: Gobierno.

Official title: Government bill on private security.

Source: Congreso de los Diputados, file 121/000050· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law regulates security services provided by private companies and individuals, such as guarding, bodyguard services, cash transport and private investigation. All these activities are complementary and subordinate to public security.
  2. Only authorized companies and licensed staff may provide security services. Providing them without authorization or a license is prohibited and punishable.
  3. Private security companies need administrative authorization, except if they only install and maintain security systems connected to alarm receiving centers, in which case a simple responsible statement is enough. The authorization is valid indefinitely.
  4. Private detective offices and training centers no longer need prior authorization: filing a responsible statement is enough. Detectives may only investigate crimes that require a private complaint, never crimes prosecuted automatically.
  5. Private security staff (guards, bodyguards, rural wardens, security heads and directors, and detectives) must obtain a license from the Ministry of the Interior and carry a professional ID card. If they are attacked while working with the Security Forces and Corps, they receive the same legal protection as law enforcement officers.
  6. Video surveillance is regulated by law for the first time: cameras may not record public roads or spaces without authorization, and recordings may only be used for their intended purpose.
  7. The Security Forces and Corps may inspect companies, services and security measures, and take provisional measures such as sealing equipment or suspending irregular services. These measures must be ratified within a maximum of fifteen days.
  8. Offenses are classified as minor, serious and very serious, with fines ranging from €300 up to €600,000 for companies, depending on the case. Sanctions may be made public in cases of risk, repeat offenses or intent.

Who it affects

  • Private security companies: They need authorization or a responsible statement, must meet requirements, register, and are subject to inspections and sanctions.
  • Private security staff (guards, bodyguards, rural wardens, detectives...): They must obtain a professional license, follow rules of conduct, and can be sanctioned for offenses.
  • Users who hire private security: They must hire only authorized companies and staff, and adopt mandatory security measures where applicable.
  • Private detectives and detective offices: They may only investigate crimes requiring a private complaint, must keep professional secrecy, and must write investigation reports.
  • Training centers for security staff: A responsible statement is enough to open, but they must meet requirements and can be sanctioned or closed.

Words worth knowing

Declaración responsable (responsible statement)
A document filed with the administration stating that a person or company meets the required conditions, without waiting for prior authorization.
Habilitación (professional license)
Official authorization allowing a person to work in a private security profession.
Delitos perseguibles de oficio (crimes prosecuted ex officio)
Serious crimes that the justice system prosecutes automatically, without the victim needing to file a complaint. Private detectives may not investigate them.
Homologación (type approval)
Official verification that a security product or equipment meets the required technical specifications.
Infraestructuras críticas (critical infrastructure)
Facilities essential to society, such as energy or transport, whose protection has reinforced requirements.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced14 June 2013Someone registers the text in the Congreso.
  2. Admitted18 June 2013The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments21 June 2013Groups propose changes.
  4. Committee9 October 2013A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate10 December 2013The Senate can pass it, amend it or veto it.
  7. BOE20 March 2014It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Jun 2013Jul 2013Aug 2013Sept 2013Oct 2013Nov 2013Dec 2013Jan 2014Feb 201411. 14 June 2013: Presentación22. 18 June 2013: Comisión de Interior Publicación desde 18/06/2013 hasta 21/06/201333. 18 June 2013: Calificación44. 21 June 2013: Comisión de Interior Enmiendas desde 21/06/2013 hasta 30/10/201355. 9 October 2013: Comisión de Interior Mesa - Calificación desde 09/10/2013 hasta 09/10/201366. 9 October 2013: Comisión de Interior Debate de totalidad desde 09/10/2013 hasta 17/10/201377. 30 October 2013: Comisión de Interior Informe desde 30/10/2013 hasta 26/11/201388. 26 November 2013: Comisión de Interior Aprobación con competencia legislativa plena desde 26/11/2013 hasta 10/12/201399. 10 December 2013: Senado desde 10/12/2013 hasta 12/03/20141010. 12 March 2014: Pleno Enmiendas o veto del Senado desde 12/03/2014 hasta 20/03/20141111. 20 March 2014: Concluido - (Aprobado con modificaciones) desde 20/03/2014 hasta 22/04/2014

20 March 2014

How did the plenary vote?

More votes in favour 185 yes · 121 no

Voted on: Remaining amendments.

This law had 4 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 7 of sitting 178· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of GC-CiU and Popular en el Congreso. Against, most of Socialista, Vasco (EAJ-PNV), Mixto, GIP and GUPyD. 3 deputies voted differently from their group.

By province: in 41 most voted in favour; in 5, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 41
  • Against: 5
  • Tie: 6
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
91 against · 19 did not vote
Vasco (EAJ-PNV)5
5 against
Mixto18
2 in favour · 10 against · 6 did not vote
GC-CiU16
12 in favour · 4 did not vote
GIP11
9 against · 2 did not vote
GUPyD5
5 against
Popular en el Congreso185
171 in favour · 1 against · 13 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Presented before in:

Published in the BOE: Law 5/2014, of April 4, on Private Security.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.