Security activities
The fields of security activities are as follows:
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security services;
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performing security audits;
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the design, installation and maintenance of security equipment;
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training security staff.
An operating licence is required for security services, and notice must be given if starting economic activities in other fields of security activities.
Legal bases
Operating in the various fields of security activities is regulated by:
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the Adult Education Act.
Obligations and restrictions imposed on security operators
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To ensure that employees comply with the requirements and provisions of the law, and legislation adopted on the basis of the law.
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To provide employees with the necessary work equipment that ensures safety, depending on the security site and task.
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To ensure that the security operator or the person referred to in subsection 5(2) of the General Part of the Economic Activities Code Act does not have a criminal record as stipulated in Chapters 8 to 13, 15 to 19, 21, 22 and 24 of the Penal Code (the requirement applies to shareholders in security operators, holding more than 5% of the share capital).
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To inform the Police and Border Guard Board about security sites with physical security.
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To keep documents related to security activities in accordance with the requirements of the Security Activities Regulation.
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To immediately notify the Police and Border Guard Board of any damage to health or loss of life in the course of security operations, and of any incident involving the use of firearms.
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To keep recordings made on technical devices used for guarding and protecting security sites and for maintaining order for six months from the date of the recording, for the purposes of verifying compliance with the requirements of the Security Activities Act and for any criminal proceedings.
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To ensure that there is a security officer present, who complies with the requirements stipulated in the Security Activities Act, during operations in the field of security services, during security audits, and during training.
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To ensure that there is a responsible person present, who complies with the requirements stipulated in the Security Activities Act, during operations involving the design, installation and maintenance of security equipment.
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To ensure that activities comply with the requirements of the Security Activities Regulation.
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By order of the Government of the Republic, in order to ensure national security and public order, restrictions may be imposed on the capital holdings of assets of security firms operating in the field of security services, in the case of citizens or legal entities of countries that are not Member States of the European Economic Area or the Swiss Confederation.
The police highlights, for applicants, the fact that organisations providing security services also process various special categories of personal data. Article 37 of the General Data Protection Regulation (GDPR) lays down the obligation for data controllers to appoint a data protection officer. The controller and processor must designate a data protection officer where: (a) the processing is carried out by a public authority or body; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or, (c) the core activities of the controller or the processor consist of the large-scale processing of special categories of data pursuant to Article 9 or personal data relating to criminal convictions and offences referred to in Article 10 of the GDPR.
Cross-border activities
If an operator is registered in another Member State of the European Economic Area and has an operating licence from there but also wishes to provide security services in Estonia, the operator must apply for an operating licence in compliance with this guide. Information on operating in another Member State of the European Economic Area can be found at the single point of contact of the country concerned.
Applying for an operating licence
An operating licence must be applied for in order to operate in the field of security services. Security services mean guarding, protecting and maintaining order, either by physical presence or by technical means. In addition to the information set out in the General Part of the Code of Economic Activities Act, the application must include:
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details of the responsible security officer and confirmation of their legal relationship with the operator, the list of the operator’s shareholders with a holding of more than 5% of the share capital, indicating the full name, location and registration number of each legal entity and the first name, surname and personal identification number or, in the absence thereof, the date and place of birth of each natural person;
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a statement that the security operator or the person referred to in subsection 5(2) of the General Part of the Economic Activities Code Act does not have a criminal record as stipulated in Chapters 8 to 13, 15 to 19, 21, 22 and 24 of the Penal Code, or that the relevant record on convictions has been deleted from the criminal records database pursuant to the Criminal Records Database Act (in the case of a foreign operator or citizen, a certificate from the criminal records database of their country of origin or location, or an equivalent document issued by a competent judicial or administrative authority, issued and dated within the last three months).
For processing operating licence applications, a state fee of EUR 270 must be paid to the current account of the Ministry of Finance, citing the reference number 2900082472:
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Swedbank – EE932200221023778606
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SEB – EE891010220034796011
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Luminor Bank – EE701700017001577198
the payment order must mention the ‘Police and Border Guard Board’ in the information field and state the name of the operator paying the state fee.
Applications for an operating licence can be submitted:
- via the register of economic activities (using the service requires authentication);
- by digital signature, and submitted to the relevant prefecture corresponding to the operator’s legal domicile (North Prefecture – [email protected], South Prefecture – [email protected], East Prefecture – [email protected], West Prefecture – [email protected]);
- by post, to the relevant prefecture corresponding to the operator’s legal domicile (North Prefecture, Pärnu mnt 139, 15028 Tallinn; South Prefecture, Riia 132, 50096 Tartu; East Prefecture, Rahu 38, 41588 Jõhvi; West Prefecture, Pikk 18, 80089 Pärnu);
- by public notary.
Processing operating licence applications and issuing operating licences
The police check that the applicant, the application for the operating licence and the documents attached thereto are in compliance with the Security Act. They may request additional documents where necessary, and they identify the relevant issues for granting or refusing applications.
The Police and Border Guard Board decides whether to approve or refuse applications for an operating licence within 30 days from the receipt of applications. If an application is incomplete, the applicant will be contacted no later than one working day after the day on which the deficiency is identified and a deadline is given for resolving the deficiency. If the required information has not been provided within the deadline, the Police and Border Guard Board may decide not to examine the operating licence application.
An operating licence for security services is issued for an indefinite period, unless the operator itself applies for a limited period of validity.
Notification about commencing economic activities
When commencing economic activities that involve performing security audits and designing, installing and maintaining security equipment, operators must submit a notification to the register of economic activities in accordance with the procedure set out in the General Part of the Economic Activities Code Act. Notification is deemed to have been made if confirmation from the responsible person of their legal relationship with the operator is submitted to the register.
When commencing economic activities that involve training security staff, operators must submit a notification to the Estonian Education Information System in accordance with the procedure provided for in the Adult Education Act (using the service requires authentication). A notification is deemed to have been made if the Information System contains the operator’s confirmation that a security officer has been appointed and that the persons specified in subsection 5(2) of the General Part of the Economic Activities Code Act do not have a criminal record.
Internal security officers are obliged to give notification of the commencement of internal security activities pursuant to the procedure provided for in the General Part of the Economic Activities Code Act. Notification must be submitted to the register of economic activities and is deemed to have been made if the register receives confirmation from the responsible person of their legal relationship with the operator.
Withdrawal of operating licences
An operating licence will be withdrawn if:
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the operator has deliberately submitted false information when applying for the operating licence, which influenced the granting of the licence so that no licence would have been granted if such information had not been submitted;
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the operator ceases economic activities;
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the operator is subject to a prohibition on economic activities imposed by a court decision in the relevant field of activity or arising from the law, with the exception of a prohibition on economic activities imposed pursuant to the General Part of the Economic Activities Code Act.
An operating licence may be withdrawn where there is:
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failure to commence economic activities within two years from when the operating licence was issued, or a failure to carry out such activities within two years;
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a material breach of requirements concerning economic activities or a secondary condition of the operating licence;
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significant damage or danger to public order caused by the activity authorised by the operating licence, which did not exist or was not known at the time of granting the licence and which outweighs the operator’s interest in continuing the activity and which cannot be eliminated by amending the licence.
Prohibition of economic activities
An operator or person related to the operator may be prohibited from carrying out economic activities due to a significant violation of the requirements concerning economic activities. If there is a ban on economic activities, the person loses the right to act as an operator in the field of activity specified in the prohibition decision and to be a member of the management body, the liquidator or procurator of a legal entity operating in that field, or otherwise participate in the management of such a legal entity. The prohibition on economic activities is valid for one year from the date of entry into force of the prohibition decision. During the period of validity of the prohibition, the person whose economic activities are prohibited may apply to have it lifted. If the prohibition on economic activities applies to a field of activity where the operator has been granted an operating licence, the licence is suspended to the extent of the prohibition until the prohibition expires or is revoked.
Suspension of economic activities and operating licences
An operator’s economic activities or operating licence may be partially or fully suspended:
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if there is an increased or significant risk related to a material breach of the requirements concerning economic activities, or a secondary condition of the operating licence, economic activities are prohibited or the operating licence is withdrawn until the breach is eliminated;
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if the exercise of state supervision is obstructed, until such supervision is allowed, if the operator has not complied with a written warning previously issued to them on ceasing the obstruction, and warning them about suspension.
State supervision
State supervision of compliance with the requirements set out in the Security Activities Act is performed by the Estonian Police and Border Guard Board. The Ministry of Education and Research is responsible for state supervision of compliance with the requirements for security staff training laid down in the Adult Education Act.
Contact information
North Prefecture
Karin Lehiste, e-mail: [email protected], Tel.: 612 4713
Jana Helmelaid, e-mail: [email protected], Tel.: 612 4404
South Prefecture
Liivika Suiste, e-mail: [email protected], Tel.: 7308835
West Prefecture
Andris Avamere, e-mail: [email protected], Tel.: 444 6690
East Prefecture
Kert Uustalu, e-mail: [email protected], Tel.: 337 2323
General information on the Register of economic activities
Consumer Protection and Technical Regulatory Authority, e-mail: [email protected], Tel.: 668 7080
General information on the Estonian Education Information System
The Ministry of Education and Research, e-mail: [email protected], Tel.: 765 5050
Related articles
Appointing a data protection officer
Main changes following the entry into force of the Security Activities Act