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What it is

Regulates private security companies and staff in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 27 September 1991. Introduced by: Gobierno.

Official title: Government bill on Private Security.

Follow this law

Source: Congreso de los Diputados, file 121/000064· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law regulates security services provided by private individuals and companies, which are considered complementary and subordinate to public security. Only security companies and authorized staff can provide them: security guards, security heads, bodyguards, rural field guards and private detectives.
  2. Security companies must register with a registry kept by the Ministry of the Interior and meet requirements such as incorporating as a public limited company, a limited liability company, a labor public limited company or a cooperative, having fully paid-up share capital, and having adequate resources. Their directors and managers must live in Spain, have no criminal record, and must not have been sanctioned for serious security offenses.
  3. Private security staff need authorization from the Ministry of the Interior, which requires passing exams and meeting requirements such as Spanish nationality and no convictions for violating fundamental rights. Security guards may only act inside the buildings or properties they guard, except for transporting money and valuables, and may only carry firearms with a license and in the cases set by regulation.
  4. Security companies and staff face clear prohibitions: they may not intervene in gatherings, demonstrations or political or labor disputes, may not monitor political, union or religious opinions, and must keep client information confidential. They must also assist and follow the instructions of the State law enforcement forces.
  5. Private detectives may only investigate private matters and crimes prosecuted at the request of the injured party, and must immediately report any crime prosecutable ex officio that they learn about. They may not use means that violate honor, privacy or the confidentiality of communications.
  6. The law creates a sanctioning regime with minor, serious and very serious offenses, with fines that for companies can reach 100,000,000 pesetas for very serious offenses, plus cancellation of registration. Sanctions are imposed by the Minister of the Interior, the Director of State Security, the Director General of Police or the Civil Governors depending on severity.

Who it affects

  • Security companies: They must register with the Ministry of the Interior, meet capital and resource requirements, report their contracts and corporate changes, and file an annual activity report.
  • Security guards, security heads and bodyguards: They need administrative authorization, may only perform the duties the law assigns them, and may only carry firearms with a license in the cases provided.
  • Private detectives: They may only investigate private matters and crimes prosecuted at the request of the injured party, and must immediately report crimes prosecutable ex officio that they learn about.
  • Rural field guards: They follow the security guard regime with special rules: they cannot protect money or valuables and do not need to work for a security company.
  • Clients and users of security services: Knowingly hiring unauthorized companies is a serious offense, and hiring staff who lack the requirements is a minor one.

Words worth knowing

Habilitación
Administrative authorization granted by the Ministry of the Interior to work as private security staff.
Homologación
Official approval that a material or technical device (such as alarm systems) meets the required standards.
Delito perseguible de oficio
A crime that the authorities must investigate and prosecute on their own, without anyone having to file a complaint first.
Medidas cautelares
Temporary measures (such as suspending an authorization or sealing equipment) taken during proceedings to stop the offense from continuing.
Multas coercitivas
Repeated fines imposed to force compliance with a ruling, in addition to the main sanction.

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. Introduced27 September 1991Someone registers the text in the Congreso.
  2. Admitted1 October 1991The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Sept 199111. 27 September 1991: Presentación22. 1 October 1991: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

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.

It was presented again:

Published in the BOE: Law 23/1992, of 30 July, 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.

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