From our experience, we are still seeing industries that are unfortunately unaware of the different obligations as an employer of internal security services.
All too often, “internal reception agents”, placed in a guardhouse with access control and cameras to monitor, do not have adequate training.
It is interesting for those companies that “because we’ve always done this” and think they’re “in the nails”, to have this type of information. To do this, find our series of “questions and answers” that helps to understand our profession, which has become enormously professional over the past ten years.
Who is concerned ?
All companies or their establishments may, for their own account, entrust some of their employees with private security missions. Only associations under the 1901 law can not constitute an internal security service.
From how many employees are we talking about an internal security service?
The internal security service is formalized from the first employee, provided that the latter carries out a private security activity defined by article L611-1 of the Internal Security Code (CSI).
What are the obligations that attach to an internal security service?
An internal security service must be the subject of an authorization to exercise issued by the CNAPS (article L. 612-1 and L. 612-9 of the CSI).
Only companies registered in the RCS (Trade and Companies Register) may be subject to this authorization (Articles L. 612-1 and 1.612-25 of the CSI).
The authorization issued by the CNAPS allows the internal security service to engage in private activities of:
- Surveillance and guarding;
- Transportation of funds or securities;
- Protection of the physical integrity of people.
Employees who are entrusted with private security missions within an internal security service must hold a professional card. (Article L. 612-20 of the CSI).
Does the head of an internal security service have to hold the professional card?
The latter must hold a professional card if he / she actually carries out a private security activity (within the meaning of article L611-1 of the CSI).
Can a company have an internal security service while using external security providers?
A company can fully entrust some of its security to an internal security service and at the same time have an external service provider provide additional missions, whether permanent or occasional.
What provisions apply to polyvalent employees? [Opinion of the Court of Cassation]
Last June, the Criminal Court Brest seized the Court of Cassation for opinion on the definition of private security activity contained in Article L. 611-1 of the CSI.
The purpose of this application was to understand whether this definition covered the company’s internal security activity exercised by multi-skilled employees regularly, but not exclusively, participating in security missions. The Court replied that the internal security activity of the undertaking, as long as it consists, at least in part, in an activity covered by Article L. 611-1 of the Internal Security Code, requires that employees participating in this activity, even occasionally, have the professional card. Therefore, the versatility of an employee is not intended to rule out the application of the provisions of the CSI!