The Legal Requirements for Business Security in England

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ln England, businesses are subject to various legal requirements when it comes to security in order to ensure the safety of employees, customers, assets, and business property, and the inability to comply with these legal requirements can land the business owners in some serious trouble.

Read on to find out more about business security, why it is important, the legal requirements for business security in England, and ways you can make your business compliant:

WHAT IS BUSINESS SECURITY?

Business security refers to the measures taken to ensure that the people, property, and assets within the business are protected from all kinds of threats. These threats can be varying in nature and may include physical threats such as commercial burglary, theft, violence, and vandalism, as well as digital security threats such as cyberattacks and hacking.

When it comes to business security, it is extremely important to put the right measures in place in order to mitigate the risks and guard against both physical and digital security threats. Securing your business from security threats is necessary in ensuring that it is safe on all fronts and can focus fully on growth.

Some of the best ways to improve business security includes investing in commercial security systems such as security alarms, CCTV cameras, access control systems, and security lighting. It also focuses on teaching and training the employees on the best practices when it comes to security and working towards creating a safe space for everyone on the premises.

Understanding the importance of business security is the first step in prioritising it. Here are all the reasons why business security is so important and must never be overlooked:

It keeps employees and visitors safe – when it comes to business security, your first priority should be to keep your people safe. They include your employees, vendors, customers, clients, and visitors. They are the heart of your business and an invaluable asset that must be kept safe and protected at all costs. This will not only create a safe space for everyone to work in but also lead to a better reputation for your business in the community.
It protects data and assets – data and information in every business setup must be kept guarded and safe from the wrong hands. If it does end up in the wrong hands, it can cause damages, losses, and a hindrance to business growth. One of the best ways to protect all your valuable assets is to invest in business security measures that keep it all safe.
It controls unauthorised access – in a commercial business setup, it is extremely important to manage access so that only authorised people are allowed to enter and unauthorised people aren’t. Since many types of people may enter your business premises, you need to monitor and control access levels for every visitor so that it becomes easier to track who enters and exits your building. This prevents intruders and suspicious individuals from entering the building as well as any unauthorised area within the building.
It keeps you compliant with the law – the UK takes business security very seriously and has several laws and legal requirements in place to make sure it is implemented. Failure to comply with the law not only puts you and your business in harm’s way but can also cost you a lot of money in the form of fines and penalties.

THE LEGAL REQUIREMENTS FOR BUSINESS SECURITY IN ENGLAND

When it comes to business security in England, the following are some of the most important legal requirements that employers are supposed to comply with:

Health And Safety At Work Act 1974
Data Protection Act 2018
General Data Protection Regulation (GDPR)
CCTV Code of Practice
Human Rights Act 1998
Employment Law
Building Regulations
Regulatory Reform (Fire Safety) Order (RRO) 2005

While there is no conclusive list of security measures that businesses must adopt in order to minimise safety threats, they are expected to undertake a risk-based approach that includes identifying potential threats and implementing appropriate security measures to mitigate those risks.

As a business owner and employer, it is your responsibility to protect the people, the property, and its assets by putting in place the right security measures. The first and foremost step in doing so is to conduct a security risk assessment so that you can have a better idea of the associated risks along with your strengths and weaknesses.

For instance, businesses are expected to take reasonable security measures such as implementing access control systems, installing CCTV cameras, placing security alarms around the property, providing adequate lighting, and having an appropriate emergency response and evacuation plan that everyone on the premises is familiar with.

Although there is no specific legal requirement for businesses to secure themselves against security risks in their literal sense, it is crucial for them to adopt the right security measures to protect everyone and everything on the premises against any form of threat or risk.

Failure to do so can lead to the workplace being an unsafe and unhealthy place for employees, vendors, customers, clients, and anyone who visits. It may also result in legal liabilities, legal lawsuits, and heavy fines and penalties.

It is always best to consult with a professional security company in order to identify the security threats and risks unique to your business and choose the best security measures to ensure compliance with relevant safety and security legal requirements.

HEALTH AND SAFETY REGULATIONS

The Health and Safety at Work Act 1974, also referred to as the HSWA, HASAWA, or HSW Act, is one of the most pivotal pieces of legislation that has directly impacted the safety and well-being of millions of workers and employees across a variety of sectors and industries in the UK.

The HASAWA governs health and safety in the workplace and defines the responsibilities of both the employers as well as the employees to make sure business security is enforced and the right measures are taken.

The introduction of the HASAWA led to the creation of the Health and Safety Executive (HSE), a regulatory body that focuses on health and safety in the UK. The HSE has the authority to conduct research related to health and safety, voice their concern over dangerous or unsafe working conditions, and in serious cases, shut down operations that fail to comply with the legal requirements.

The HASAWA is relevant to all industries and a wide range of work environments. It applies to employers and employees, as well as contracted workers. It also covers the safety of guests, clients, visitors, and, in some cases, the general public where the workplace overlaps with public spaces.

According to the Health and Safety at Work Act, employers are expected to:

Develop a written policy covering health and safety in the workplace;
Update the health and safety policy with changes in legislation;
Provide complete information and detailed instructions to all the employees regarding their duties in relation to health and safety in the workplace;
Ensure the health and safety of all employees and visitors;
Effectively maintain the workplace so that access into areas of work is safe and free of any risk;
Consult with appropriate trade unions and industry authorities on health and safety issues;
Provide Personal Protective Equipment (PPE) where necessary.

According to the Health and Safety at Work Act, employees are expected to:

Take into consideration their health and safety in the workplace as well as that of others who may be affected by their actions;
Work closely and cooperate with the employer to ensure all the responsibilities and requirements regarding health and safety are understood and followed;
Refrain from neglecting health and safety protocols.

DATA PROTECTION AND PRIVACY LAWS

The data and protection laws in the UK are governed by the Data Protection Act 2018 (DPA 2018) and the General Data Protection Regulation (GDPR). The Data Protection Act (DPA) controls how your personal information is used by organisations, businesses, or the government, and is the UK’s implementation of the General Data Protection Regulation (GDPR).

When implementing security measures that include collecting, storing, and processing personal data, such as the use of CCTV cameras, businesses must comply with data protection laws.

For the specific use of CCTV cameras in the workplace, the Information Commissioner’s Office (ICO) has issued a CCTV Code of Practice that provides guidance on using CCTV cameras and other surveillance equipment. It includes:

Having a legitimate reason for using CCTV cameras;
Registering with the Information Commissioner’s Office (ICO) as a CCTV operator;
Effective administration of the surveillance system by establishing clear responsibilities and procedures, along with documenting all aspects of data control;
Ensuring that the data is stored securely and can only be accessed by authorised personnel;
Informing everyone in the area that they are being recorded, which can best be achieved by putting up clear signage or communicating with the people involved;
Monitoring staff as long as they have been made aware of it in writing and explained the reasons behind it;
Not installing CCTV cameras in private areas of the workplace such as toilets and changing rooms;
Disabling audio recording on all CCTV systems since it is a huge invasion of privacy and is largely discouraged;
Regularly maintaining and reviewing the system to ensure it’s working as it should and is compliant with all the CCTV laws.

BUILDING REGULATIONS

Building Regulations are an important part of business safety and security. They include standards and guidelines for various aspects of a business including its construction and maintenance, as well as security measures such as access control systems, fire safety, and emergency exits.

Access control plays a pivotal role in business security as it helps prevent unauthorised access to sensitive areas in the building. This not only keeps the business data and information secure but also prevents individuals with ill intent from entering your property.

Business owners should invest in access control systems that are not very restrictive but effective enough to prevent unauthorised access and allow better control over who enters and exits the premises.

When implementing security systems such as access control systems, employers must comply with employment laws and ensure that the security measures being taken do not infringe on the employees’ rights and are used in accordance with the legal requirements.

They must also make sure that they do not discriminate against anyone with disabilities and that reasonable adjustments are made to accommodate their needs.

Fire safety laws are also a big part of building regulations as well as business safety and security. All fire alarm regulations for business premises in the UK are incorporated in the Regulatory Reform (Fire Safety) Order 2005 which provides a detailed guide to make your property safe from fires.

According to the UK fire safety regulations, you are responsible for fire safety for your business if you are the owner, employer, landlord, occupier, or anyone in a controlling position.

It is a legal requirement for you to have a proper fire alarm system in place if any one of the following statements is true:

Your property is large, multi-storeyed, or close-planned,
You store high-risk and highly-flammable substances such as chemicals and paints,
You undertake high-risk activities that involve open fires, such as cooking,
A fire would not be easily spotted if it broke out anywhere on the property.

CONTACT CALDER SECURITY

At Calder Security, we provide a comprehensive range of security solutions that include not just professional installation but also monitoring, maintenance, and repair services.

We are members of the Master Locksmith Association (MLA), approved members of the Security Systems and Alarms Inspection Board (SSAIB), and also conform to all the relevant British and EU Standards. We follow all the best practices in the industry and install only high-quality, state-of-the-art security systems.

We offer various levels of monitoring via a 24-hour monitoring centre using Dualcom and BT Redcare signalling, which is the most secure alarm monitoring system and the largest supplier of intelligent alarm signalling services in the UK.

We understand the importance of having to regularly maintain security systems since the inability to do so might result in serious faults and consequent vulnerabilities in your property’s security.

We provide professional maintenance checks and reminders for when the checks are due to help you stay compliant with the law and work fast to restore your security systems to excellent condition.

We offer a 24-hour call-out service for customers and can also repair systems not installed by us. Our engineers are highly skilled and can restore faulty systems to full working order in one visit.

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