Private security: enhanced oversight

The private security sector is experiencing rapid growth, particularly in the context of preparing for major events such as the 2023 Rugby World Cup and the 2024 Olympics. Several measures concern private security companies and strengthen their oversight.

Cascading subcontracting in private security is limited. CNAPS powers are strengthened. It ensures the issuance of licenses in the sector and the oversight of its actors. The conditions for obtaining a professional card for agents are tightened and the obligations that company executives must fulfill are also increased. 

In order to massively recruit qualified personnel, particularly for the 2024 Olympics, national police officers will be able to combine, on an exceptional basis, their pension with a salary from private security activity. The government is authorized to issue ordinances in the field of private security.

 Summary:

• Global Security Law
• Changes to sanctions for security companies
• Uniform requirements
• CNAPS gains power

The "global security preserving freedoms" law covers municipal police, private security companies, surveillance tools and protection of law enforcement. The concept of global security is based on the idea that the work between police, gendarmerie and the private security sector should be better coordinated.

The global security law aims to significantly strengthen the powers and role of private security, making them true police auxiliaries.

The prefect may request private security agents to carry out surveillance missions of persons against acts of terrorism. Particularly for the 2024 Olympics and the Rugby World Cup.

Private security agents will be able to conduct security pat-downs in the context of certain events, particularly sporting and cultural events.

They will also be able to draw up official reports and record the identity and address of a person. If this person cannot justify their identity, the agent may detain them until police intervention. In case of non-compliance with this order, the penalty is 2 months imprisonment and a €7,500 fine.

- The prohibition on exercising private security activity on a temporary basis is increased to a maximum of 7 years instead of 5 years

- The possible publication of sanctions on the CNAPS website or on media outlets it designates : By decision of the territorially competent CLAC (Local Authorization and Control Commission), the sanction imposed on natural or legal persons may also, considering the severity of the alleged facts, be published on the CNAPS website, provided that the duration of this publication does not exceed five years.

- Obligation to affix visibly on the uniform an individual identification number and including one or more common identification elements, according to procedures determined by order of the Minister of the Interior.

- Remote surveillance :  Wearing a specific uniform is not mandatory for agents carrying out remote surveillance activities of movable or immovable property when they are not in contact with the public. 

CNAPS agents are authorized to investigate and record by official report, during the inspections they carry out, the offenses provided for in CSI Book VI. The official reports they establish may include spontaneous statements from persons present during the inspection and are transmitted to the territorially competent public prosecutor.

Collection or recording of identity : sworn and commissioned CNAPS agents are authorized to collect or record the identity and address of the alleged perpetrator of the offense.

Sworn CNAPS agents may detain you by force : If a security agent or employer refuses or is unable to justify their identity, the CNAPS agent who draws up the official report immediately reports this to any judicial police officer of the national police or national gendarmerie with territorial jurisdiction, who may then order them without delay to present the person concerned or to detain them for the time necessary for their arrival or that of a judicial police agent acting under their control. In the absence of such an order, the CNAPS agent cannot detain the person concerned.

If you refuse to follow a sworn CNAPS inspector : the security agent or the employer concerned is required to remain at the disposal of the CNAPS agent. Violation of this obligation is punishable by two months imprisonment and a €7,500 fine. Refusal to comply with the order to follow the agent to be presented to the judicial police officer is punishable by the same penalty.

Sworn CNAPS agents will be competent to investigate and record offenses constituting illegal work and those relating to the employment of a foreigner not authorized to work.