Dienstleistungsportal Bayern

Commercial guarding is subject to licensing. Guarding in the sense of § 34 a of the Trade, Commerce and Industry Regulation Act (GewO) is understood to be the activity aimed at protecting the life or property of third parties from interference by third parties. Guarding requires an active custodial activity (e.g. supervision or checks). The custodial activity must consist of human activity.

A guarding contractor may be a natural person or a legal entity. In the case of partnerships (e.g. OHG, KG), each managing partner is a trader and requires a permit. In the case of legal entities, the permit is granted to the GmbH or AG.

The personal requirements for the permit (reliability, proof of successful completion of an expert examination) must be fulfilled by the trader or the legal representatives of a legal entity.

The reliability is checked by the licensing authority in particular on the basis of an unrestricted extract from the Federal Central Register to be obtained by the authority, a statement by the police and an extract from the Central Trade Register to be applied for by the applicant.

Only employees (guarding personnel) whose reliability has been verified by the authority on the basis of an unrestricted extract from the Federal Central Register and who have also been instructed by the Chamber of Industry and Commerce for at least 40 hours on the provisions, powers and duties required for the exercise of the activity or who have successfully passed a qualification examination at the Chamber of Industry and Commerce may be entrusted with guarding tasks.

The following guarding activities also require guarding personnel to successfully pass an expert knowledge examination at the IHK:

• Patrols in public traffic areas or in areas of property rights with actual public traffic;
• Protection against shoplifters;
• Guarding in the entrance area of discotheques for the hospitality industry;
• Guarding of reception facilities pursuant to Section 44 of the Asylum Act, of shared accommodation pursuant to Section 53 of the Asylum Act or other real estate and facilities serving the official accommodation, even temporarily, of asylum seekers or refugees, in a managerial capacity;
• Guarding of access-protected major events in a managerial capacity.

The security company must report the guards to the district administrative authority that has local jurisdiction over the security company's branch office.

The authorities have information and inspection rights vis-à-vis traders pursuant to Section 34a of the Trade, Commerce and Industry Regulation Act (GewO) in accordance with Section 29 of the Trade, Commerce and Industry Act (GewO). At the request of the authorities, the parties concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and surveys.