GewO and BewachV
Legal requirements clearly summarised
At this point you will find the Main legal requirements from § 34a of the Trade, Commerce and Industry Regulation Act (GewO) and the Surveillance Ordinance (BewachV) with regard to the examination of expert knowledge in the security industry are summarised on one page. You can access the full texts of the regulations here:
- § Section 34a of the Trade, Commerce and Industry Regulation Act (Bewachungsgewerbe; Ordinance Authorisation), last amended on 22.11.2019
- Ordinance on the Guarding Trade (Bewachungsverordnung — BewachV), last amended on 03.05.2019
Remark: The regulations for the guarding trade have been adapted several times in recent years. Among other things, a register of guards has been introduced, the examination of expertise for further activities (e.g. for property managers in the area of asylum) has become obligatory and the content of the regulations (e.g. on the service card) has changed. There are currently plans for a nationwide Security Services Act. In addition, following a change of department, the Ministry of the Interior, rather than the Ministry of Economics, is now responsible for the private security sector. It can be assumed that the legal requirements for the sector will be subject to further adjustments in the future. For research on or in the relevant, currently valid legal sources, we recommend the online offer of the Federal Ministry of Justice and Consumer Protection at www.gesetze-im-internet.de
§ 34a GewO (Trade, Commerce and Industry Regulation Act)
§ Section 34a GewO paragraph 1
Anyone wishing to guard the lives or property of third parties on a professional basis (guarding trade) requires a permit from the competent authority. The permit may be subject to conditions if this is necessary for the protection of the general public or of the clients; under the same conditions, the subsequent inclusion, amendment and supplementation of conditions are also permissible. The licence shall be refused if
1. facts justify the assumption that the applicant or one of the persons entrusted with the management of the business or a branch does not possess the reliability required for the business operation,
2. the applicant lives in disorderly financial circumstances,
3. the applicant or a person entrusted with the management of the business or a branch office does not prove by means of an examination successfully passed before the Chamber of Industry and Commerce that he or she possesses the expertise in the legal and professional principles necessary for the exercise of the guarding trade.; in the case of legal persons, this shall apply to the legal representatives insofar as they are directly involved in the performance of guarding tasks or no person entrusted with the management of the establishment or a branch has a certificate of competence, or
4. the applicant does not provide proof of liability insurance.
§ Section 34a GewO paragraph 1a
The trader may only employ persons (guards) to carry out guarding tasks if they are
1. possess the required reliability and
2. prove by means of a certificate issued by the Chamber of Industry and Commerce that they have been instructed in and are familiar with the legal and technical principles necessary for the exercise of the trade.
For the performance of the following activities, in addition to the requirements of sentence 1 number 1, proof of an expert knowledge examination successfully passed before the Chamber of Industry and Commerce is required:
1. patrols in the public traffic area or in house right areas with actual public traffic,
2. protection from shoplifters,
3. guarding the entrance area of discotheques in the hospitality industry,
4. guarding reception facilities pursuant to section 44 of the Asylum Act in the version promulgated on 2 September 2008 (Federal Law Gazette I p. 1798), as last amended by Article 6 of the Act of 31 July 2016 (Federal Law Gazette I p. 1939), communal accommodation facilities pursuant to section 53 of the Asylum Act or other properties and facilities serving the official accommodation, even temporarily, of asylum seekers or refugees in a managerial capacity,
5. guarding of access-protected major events in a managerial capacity.
In order to verify the reliability of a guard and a person entrusted with the management of the establishment or a branch office, the authority responsible for enforcement under Land law at the natural person’s main place of residence shall obtain at least unrestricted information pursuant to section 41(1) number 9 of the Federal Central Register Act as well as a statement from the Land police authority responsible for the place of residence, of a central police station or the respective competent Land Criminal Police Office as to whether and which factual indications are known which could give rise to doubts as to reliability, insofar as purposes of criminal prosecution or averting danger do not preclude the transmission of the factual indications. In the case of guards and persons entrusted with the management of the business or a branch office without a principal place of residence in the Federal Republic of Germany, the reliability shall be verified by the authority responsible for enforcement at the place of business of the trader who first registers the natural person. Paragraph 1 sentence 5 number 4 shall apply accordingly to guards who are to perform one of the following tasks:
1. guarding pursuant to sentence 2 numbers 4 and 5, including in a non-managerial capacity, or
2. protection tasks in pacified property for objects from which a particular danger for the general public may emanate in the event of criminal intervention.
Bewachungsverordnung (BewachV)
BewachV Section 3 — Examination of expert knowledge
BewachV § 9 Purpose and subject matter of the expert knowledge examination
(1) The purpose of the expert knowledge examination pursuant to Section 34a (1) sentence 3 number 3 and (1a) sentence 2 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung) is to provide evidence that the persons named therein have acquired the knowledge of the legal provisions and professional duties and powers required for the independent performance of guarding duties and their practical application.
(2) The subject matter of the examination shall be the subjects listed in § 7 in conjunction with Annex 2; the examination shall cover each of the subjects listed therein.
BewachV § 10 Competent body and examination board
(1) The examination of professional competence may be taken at any chamber of industry and commerce that offers it.
(2) The Chamber of Industry and Commerce shall set up at least one examination board to conduct the examination. It shall appoint the members of the board as well as the chairman and his deputy. The members must be competent in the examination fields and suitable for participation in the examination system.
BewachV § 11 Inspection, procedure
(1) The examination shall be divided into an oral and a written part.
(2) Up to five candidates may be examined at the same time in the oral part of the examination; it shall last approximately 15 minutes for each candidate. In the oral part of the examination, the focus shall be on the areas mentioned in § 7 number 1 and 6.
(3) The written part of the examination may be conducted using different media.
(4) The candidate’s performance shall be assessed by the examination committee as passed or failed. The examination is passed if the candidate’s performance in the written part and in the oral part of the examination has been assessed as at least sufficient.
(5) The examination is not public. However, in addition to the members of the examination board and the persons to be examined, the following persons may be present:
1. Commissioned representatives of the supervisory authorities,
2. members of another examination board,
3. representatives of the chambers of commerce and industry,
4. persons charged with controlling the quality of the tests, or
5. persons designated to be appointed to an examination board.these persons may not interfere with the examination in progress or be involved in the deliberation on the examination result.
(6) The examination may be repeated.
(7) The Chamber of Industry and Commerce shall issue a certificate in accordance with Annex 3 if the examined person has successfully passed the examination.
(8) The details of the examination procedure shall be regulated by the Chambers of Industry and Commerce by statute in accordance with section 32 of the Trade, Commerce and Industry Regulation Act.
BewachV § 12 Recognition of other evidence
Holders of the certificates referred to in § 8 numbers 1 to 3 do not need to take the examination pursuant to § 9.
BewachV § 8 Recognition of other evidence
(Reference from BewachV § 12 Recognition of other evidence [for the expert knowledge examination])
If the following evidence is available, proof of instruction is not required:
1. proof of a successfully passed final examination
a) as a certified plant security specialist,
b) as a certified protection and security worker,
c) as a service worker for protection and security,
d) as a specialist for protection and security,
e) as a certified master craftsman or certified master craftswoman for protection and security,
f) as a certified plant security foreman or forewoman,
2. examination certificate on the successful completion of a career examination at least for the intermediate service in the field of training for the police enforcement service of a Land or of the Federation, for the prison service, for the weapon-bearing field of the customs service and for the military police service of the Federal Armed Forces,
3. an examination certificate confirming successful completion of a law degree course at a university or academy awarding a degree equivalent to a university degree, if proof of instruction by a chamber of industry and commerce in the subject areas pursuant to section 7 numbers 5 to 7 is also provided,
4. certificate of a successfully passed expert knowledge examination according to § 11 paragraph 7.
BewachV Annex 2 (to § 7) Subject areas for the instruction procedure in the guarding trade
Security guards (40 teaching hours)
(Reference from BewachV § 9 Para. 2 Purpose and subject of the expert knowledge examination [contents also apply to the expert knowledge examination])
1. public safety and order law including trade law
— Tasks and demarcation of the activities of security companies from the tasks of the police and public order authorities
— § 34a Trade, Commerce and Industry Regulation Act, Surveillance Ordinance
2. data protection law
3. civil code
— Self-defence (§ 227 BGB), state of necessity (§§ 228, 904 BGB), self-help (§§ 229, 859 BGB), prohibited unlawful interference (§ 858 BGB), liability and tort law (§§ 823 ff. BGB), property and possession (§§ 903, 854 BGB), prohibition of harassment (§ 226 BGB), whereby questions of demarcation to the relevant provisions of the Criminal Code (§§32 to 35) are pointed out.
4. criminal and procedural law, handling weapons — individual offences (e.g. § 123, §§ 185 ff., §§ 223 ff., § 239, § 240, §§ 244 ff. StGB)
— provisional arrest (§ 127 StPO)
— Basic features of the tasks of the public prosecutor’s office and the police (sections 152, 163 Code of Criminal Procedure)
— Handling weapons (batons, irritant sprays etc.)
5. accident prevention
6. dealing with people, in particular behaviour in dangerous situations and de-escalation techniques in conflict situations as well as intercultural competence with special attention to diversity and social variety
— Self-esteem (prerequisites for proper interaction with oneself and one’s fellow human beings)
— Excessive feelings of self-worth/inferiority (causes and loss of standards)
— Conflict/stress (origins, levels of conflict, difficult situations, solutions)
— Correctly addressing and leading in conversation (basic rules for right/wrong behaviour)
— intercultural competence with special attention to diversity
— Dealing with and protecting particularly vulnerable refugees (such as women travelling alone, homosexuals, transgender persons, persons with disabilities, victims of severe violence)
7. basic principles of safety engineering
— Mechanical safety technology
— Hazard detection systems; alarm tracking
— Fire protection
[The information on teaching hours (time units per subject area) in the original text does not play a role when taking the expert knowledge examination, but only when providing instruction in accordance with § 34a GewO].
BewachV Annex 3 (to Section 11 (7)) — Certificate of successful completion of an expert examination in accordance with Section 34a (1) sentence 3 number 3 and (1a) sentence 2 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung)
(Family name and first name)
Born on
in
Resident in
has on
before the Chamber of Commerce and Industry
successfully passed the examination of competence for the exercise of the guard and security trade.
The audit covered in particular the technical duties and powers of the following subject areas:
1. public safety and order law, including trade law,
2. data protection law,
3rd Civil Code,
4. criminal law and criminal procedure, handling of weapons,
5. accident prevention regulation for guard and security services,
6. dealing with people, especially behaviour in dangerous situations and de-escalation techniques in conflict situations as well as intercultural competence with special attention to diversity and social diversity,
7. basic principles of safety engineering.
(stamp/seal)
(Place and date)(Signature)
Footer: Chamber of Commerce and Industry identification number and validation code
Do you have any questions about the expert knowledge examination or preparation for the expert knowledge examination in accordance with § 34a? We have compiled answers to frequently asked questions for you on the next page:
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