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Drafting General Terms and Conditions for Security Companies

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Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

With security services, it must be very clear what the security company does and does not guarantee. Security limits risks, but does not prevent every incident. Therefore, deployment, reporting, powers, and liability must be carefully defined

  • For security companies, surveillance, and property security
  • Attention to alarm response, surveillance, and reporting
  • Powers, schedules, incidents, and liability regulated
  • Practically useful for quotations and security assignments

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About us

Our expertise in general terms and conditions for security companies

Our lawyers and in-house counsel assist security companies, surveillance companies, event security providers, and alarm response services with terms and conditions, security agreements, SLAs, and privacy documents. We review deployment, scheduling, reporting, incidents, authority, key management, privacy, payment, and liability.

Custom solutions for your security services

A security guard on-site, event security, alarm response service, or mobile surveillance service does not require the same terms and conditions. Therefore, we tailor the terms and conditions to your service, location, client type, risk, and deployment model.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with service provision, safety, and liability
  • Attention to supervision, incidents, privacy, and damage claims
  • Fixed rates in advance where possible
  • Customization
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About us

Our expertise in general terms and conditions for security companies

Our lawyers and in-house counsel assist security companies, surveillance companies, event security providers, and alarm response services with terms and conditions, security agreements, SLAs, and privacy documents. We review deployment, scheduling, reporting, incidents, authority, key management, privacy, payment, and liability.

Custom solutions for your security services

A security guard on-site, event security, alarm response service, or mobile surveillance service does not require the same terms and conditions. Therefore, we tailor the terms and conditions to your service, location, client type, risk, and deployment model.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with service provision, safety, and liability
  • Attention to supervision, incidents, privacy, and damage claims
  • Fixed rates in advance where possible

Reviews (21)

Maud

Excellent communication and a carefully drafted document. We were given tight deadlines that were fortunately met well by both sides. The final result aligns 100% with our high standards.

Claudia

The approach was professional and personal. The concept was ready quickly and highly usable. A party that delivers on what it promises on the website.

Petra

The working method was clear from the start. The expertise regarding e-commerce legislation was clearly the added value in this process. The service was professional and personal.

Anas

The intake felt like a genuine consultation rather than a sales pitch. The agreements were properly honored. The service was professional and personal.

Noah

We immediately got the right expert on the line for our specific problem. Reviewing and editing our terms and conditions has significantly improved the quality. A reliable partner that strives for perfection in their documents.

Brahim

It was nice that potential pitfalls were proactively considered. The document was legally well-substantiated. Our business partners were impressed by the professionalism of the contracts.

Melissa

Practical advice that we could use immediately. The lawyer's empathy and understanding made this a very pleasant collaboration. A reliable partner who strives for perfection in their documents.

Saar

We received pleasant assistance from the very first contact. They did not make things unnecessarily difficult regarding minor changes outside the scope. The document was accepted flawlessly by our investors.

Rianne

My request via the website was picked up incredibly quickly. The flexibility to add an extra clause at the last minute was greatly appreciated. Fantastic value for money for this level of expertise.

Erik

We ran into a complex contractual issue, but were helped quickly. They understood that, as a startup, we have different needs than an established corporate. Everything was delivered neatly and on time.

Nordin

We were in a contentious situation, but the calm start defused the tension. The continuous thinking from the entrepreneur's perspective was a breath of fresh air. These documents will undoubtedly save us a lot of headaches in the future.

Nadia

The promises on the website were fulfilled immediately during the first contact. The risks we were willing to take were assessed strictly but fairly. Our customers respond positively to the clear terms and conditions.

Eva

It was nice that we knew immediately who would be helping us. The delivery was within the agreed timeframe. These documents will undoubtedly save us a lot of headaches in the future.

Tim

We quickly gained insight into the key risks. The advice was not only legally sound but also practically feasible in daily practice. A reliable partner striving for perfection in their documents.

Rania

The openness regarding the expected result was very welcome. The weekly update emails provided a nice sense of control over the process. A party that delivers on what it promises on the website.

Sara

The intake was not only informative, but we learned a lot right away. We received an excellent explanation of the implications of the applicable law in our international contracts. The service was professional and personal.

Sami

The proactive approach began even before the quotation was signed. The structured way of working ensured that no details were overlooked. The quality fully met our expectations.

Floor

We had immediate confidence in the team's expertise. They managed to forge an extremely complex joint venture agreement in a short timeframe. The quality fully met our expectations.

Evelien

The review of the document was thorough. The lawyer's patience in explaining the liability clauses was admirable. These documents will undoubtedly save us a lot of headaches in the future.

Anouk

The initial analysis of our documents was razor-sharp. It was clearly indicated what we needed to pay attention to. A reliable partner who strives for perfection in their documents.

Oscar

We didn't feel like just a number, but received truly personal attention. The proactive approach went beyond just the legal framework; the business side was also addressed. The final result aligns 100% with our high standards.

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The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

Before establishing the terms and conditions, you make a number of choices that guide the content. These choices determine, among other things, the extent of your liability and the strictness of your payment and termination regime.

Choice or question Why this matters legally
What security services do you provide? Object security, event security, mobile surveillance, and reception services each have their own risk profile and therefore distinct emphases in the terms and conditions.
How far do you limit your liability? Choose a liability ceiling that aligns with your insurance; excessive liability can be uninsured and pose a business risk.
Do you work with business clients or also with consumers? If you supply (also) to consumers, mandatory protection rules apply, and you may not include certain clauses or may include them to a more limited extent.
How do you arrange the deployment of personnel and subcontractors? Determine whether you may replace security guards and outsource tasks, and what requirements you impose on third parties in doing so.
What payment and cancellation periods do you apply? Align payment terms, default interest, and notice period with your working capital and the nature of your assignments.
Clauses and provisions

Which elements belong in general terms and conditions for security companies?

General Terms and Conditions for a security company bundle the standard agreements that apply to every assignment. The components below together form a complete and balanced set. Which components carry more weight depends on the type of service you provide: property security, event security, mobile surveillance, or reception services.

Provision Relevant to Legal point of attention
Description of the services Always Document which security services you provide and which you expressly do not provide, so that the scope of your duty of care is clear.
Obligation of effort or result Always As a rule, security is an obligation of best effort; you do not guarantee the absence of damage or burglary, but careful execution.
Liability and limitation Always Limit your liability to a maximum amount or the insured sum and exclude consequential damages, to the extent permitted by law.
Deployment of personnel and subcontracting Often Arrange that you may replace staff and outsource tasks, while maintaining compliance with the requirements of the Private Security Organisations Act.
Permit and identification Always Refer to the required permit and the obligation to carry identification and wear a uniform for security guards, so that the client knows that you are acting with authority.
Price, invoicing and payment Always Establish rates, additional work, payment terms, and the consequences of late payment.
Duration, termination and renewal Often Determine the term, notice period, and any tacit renewal of the agreement.
Confidentiality and data protection Often Regulate confidentiality and the handling of personal data and camera images in accordance with the GDPR.
Use in practice

How do you use this document correctly?

General terms and conditions are only effective if they are properly declared applicable and made available to the client in a timely manner. Therefore, follow these steps.

Situation What should you do? Point of attention
Before closing the assignment State the terms and conditions applicable in the quotation and order confirmation Only then do the terms and conditions bind the client and form part of the agreement.
Upon entering into the agreement Provide the terms and conditions in advance or make them available digitally The client may annul stipulations without a reasonable opportunity to take notice.
In the event of changes to services or rates Update the terms and conditions and inform current customers Outdated terms and conditions do not cover new risks or working methods.
In the event of a dispute or damage Consult the terms and conditions before responding You then act in accordance with the agreed procedure and retain your legal position.
Common mistakes

Common mistakes

General terms and conditions for security companies often go wrong on a number of recurring points. By being aware of these errors, you prevent your terms and conditions from being untenable in practice.

Wrong Consequence Better approach
Failure to provide terms and conditions, or providing them too late The client can annul stipulations, and you cannot rely on them Make the terms and conditions demonstrably available before or at the conclusion of the agreement.
No or an unrealistic limitation of liability You may bear unlimited liability for damages in the event of theft, burglary, or injury Include an appropriate liability ceiling that aligns with your insurance.
Guaranteeing security as a result You are liable if damage occurs nonetheless Formulate the service as a best-efforts obligation with careful execution.
Adopt standard terms and conditions from the internet The terms and conditions do not match your services and risks Have the terms and conditions tailored to your specific services and working methods.
Data protection and ignoring camera footage Risk of fines and claims due to violation of the GDPR Rules regarding the processing, retention periods, and security of images and personal data.
Risk profile

What is your situation and what do you pay attention to?

The points of attention vary depending on the situation your security company finds itself in. Below you will see common situations and what to pay particular attention to in each.

Risk profile Example Focus in the document
Start-up security company You are closing your first assignments and do not yet have fixed terms First ensure a solid foundation with clear limitation of liability and payment arrangements.
Object and alarm response You secure premises and respond to alarm notifications Record response times as effort and exclude liability for burglary damage as much as possible.
Event security You provide temporary staff for events with an audience Rules regarding deployment and numbers, force majeure in the event of cancellation, and liability in crowd situations.
Grow with subcontractors You hire other security guards or agencies Ensuring licensing requirements, confidentiality, and liability in the subcontracting chain.
Additional documents

When is this document not enough?

General terms and conditions govern standard agreements but do not cover every situation. In the following cases, you will need additional documents or advice.

Situation Supplementary document Why
Situation Related document Explanation
You process personal data or camera images for a client Data Processing Agreement When you process data on behalf of the client, you record the GDPR agreements in a data processing agreement.
You share confidential information about secured objects or customers Confidentiality Agreement A separate confidentiality agreement protects sensitive information more than a standard clause.
You work structurally with another security company Cooperation Agreement In a long-term partnership, you define tasks, division of responsibilities, and liability in a partnership agreement.
Explanation of this document

Drafting General Terms and Conditions for Security Companies, why?

Not every entrepreneur knows exactly what general terms and conditions for security companies are, when you need them, and which risks they must cover. Therefore, we explain below what this document entails, what you should look out for, and why customized legal frameworks are important.

What are the general terms and conditions for a security company?
General Terms and Conditions for security companies are the standard clauses applied by a private security company in all agreements with its clients: security services, property guarding, personal security, alarm response, CCTV surveillance, electronic security, and event security. They establish the rights and obligations of the security company and the client that are not exhaustively listed in the individual service agreement: liability for damage during the security service, response times for alarm response, the handling of personal data of employees and visitors, legal limitations on the powers of security personnel, the complaints procedure, and the termination policy. Security companies operate within a heavily regulated legal framework — the Private Security Organizations and Detective Agencies Act (Wpbr), the GDPR for CCTV surveillance and personal data, and the Dutch Security Sector industry standard — which directly impacts the content of the general terms and conditions. Our legal experts draft general terms and conditions for security companies that fully comply with Wpbr requirements, correctly limit liability for security incidents, properly integrate CCTV surveillance and GDPR obligations, and are enforceable for business clients.
Which Wpbr obligations must be reflected in your general terms and conditions?
The Private Security Organizations and Detective Agencies Act (Wpbr) establishes the legal framework within which private security companies operate. The Wpbr requires a license from the police to offer security services, sets training requirements for security personnel, and limits the powers that security personnel may exercise vis-à-vis third parties. Your general terms and conditions must contain a number of Wpbr-related provisions. First, a powers clause: security personnel may not exercise police powers — they possess only the powers of any citizen, supplemented by contractual authorizations from the client, such as access control and the removal of unauthorized persons from private property. It is the client's responsibility to inform its own staff and visitors about the presence and powers of the security personnel. Second, an instruction clause: security personnel act exclusively in accordance with the written work instructions agreed upon with the client. Unilateral verbal instructions from the client outside of those instructions do not lead to liability on the part of the security company if damage occurs during the execution of those non-agreed instructions. Thirdly, a legitimacy clause: the security company guarantees that its employees possess the required Wpbr authorization and the required certificate of competence. Our legal experts ensure a Wpbr-compliant contract structure.
How do you handle liability in the event of security incidents?
Liability for security incidents is the most sensitive and commercially critical provision in a security company's General Terms and Conditions. A burglary, theft, vandalism, or personal injury occurring during a security service almost always raises the question of whether the security company has fallen short. Security companies have a best-efforts obligation, not a results obligation: they commit to providing professional security efforts in accordance with the agreed work instructions and protocols, not to guaranteeing that no incidents will occur. This fundamental distinction must be explicitly set out in your General Terms and Conditions. Your General Terms and Conditions must limit liability to direct damage that is demonstrably the result of an attributable failure on the part of the security company. Consequential damage—lost revenue, reputational damage, loss of customers due to a burglary—must be explicitly excluded for business clients. The maximum amount of liability must be limited to the annual contract value or the amount of the professional liability insurance. Particular point of attention: if the client has provided insufficient information regarding the location or objects to be secured — existing security vulnerabilities, specific risks, previous incidents — the security company's liability may be entirely waived on the grounds of the client's own fault. Your General Terms and Conditions must explicitly stipulate the client's duty to provide information at the commencement of the agreement. Our legal experts formulate a liability structure that protects the security company without being unreasonable.
How do you integrate the GDPR obligations for camera surveillance and personal data?
Security companies systematically process personal data: camera footage of visitors and employees, visitor records, access logs, and alarm response reports. Your General Terms and Conditions must correctly integrate GDPR obligations. Regarding camera surveillance: the security company acts as a processor within the meaning of the GDPR if it manages the client's camera system; a data processing agreement is mandatory and can be attached as an appendix to the General Terms and Conditions. If the security company installs and manages its own camera system on behalf of the client, the distribution of processing responsibility depends on who determines the purpose and means of the camera processing — this must be explicitly regulated. The retention period for camera footage is a maximum of four weeks in accordance with the guidelines of the Dutch Data Protection Authority, unless the footage is used as evidence in an incident — in which case it may be retained longer for as long as necessary. Your General Terms and Conditions must also stipulate the obligation to report data breaches : in the event of a security incident involving personal data — theft of a visitor record, hacking of the camera system — the security company must inform the client immediately. Our legal experts fully integrate GDPR obligations into your contract structure.
How do you arrange services for alarm response and response times?
In alarm response services, response times the most commercially sensitive agreement: the client expects the security company to be on-site within an agreed timeframe following an alarm notification. Your general terms and conditions must clearly define response times as target times, not guaranteed times. Factors beyond the security company's control—traffic congestion, simultaneous notifications at multiple locations, technical malfunctions in the alarm center—qualify as force majeure and release the security company from liability for delays. Your terms and conditions must also stipulate the procedure for false alarms: the security company is entitled to charge the client for the costs of an alarm response in the event of a false alarm if the client has not canceled the alarm in a timely manner. After an agreed number of false alarms per period, the security company may suspend the alarm response service until the client has had the alarm checked. Our legal experts draft an alarm response clause that correctly addresses the security company's operational risks.
How do you arrange termination and notice periods in the security agreement?
Security contracts are typically multi-year agreements with a minimum contract duration of one to three years, taking into account the investments the security company makes in onboarding, the training of specific personnel, and the installation of security systems. Your general terms and conditions must specify the minimum contract duration, the tacit renewal clause, and the notice periods. For corporate clients, longer contract durations and notice periods of two to three months are common and enforceable. A particular point of attention: early termination by the client due to an alleged shortcoming of the security company is only legally valid if the client has first put the security company in default with a reasonable period for rectification. Your terms and conditions must contain a notice of default and rectification protocol that the client is obliged to follow before they can dissolve the agreement, so that the security company has the opportunity to remedy the shortcoming before a lucrative contract ends prematurely. Our legal experts formulate a termination clause that protects your revenue stability.
How does it work at MKBjuristen?
After a brief intake regarding your service package, client portfolio, and specific risks, our legal experts draft general terms and conditions for your security company that fully comply with the Wpbr, correctly limit liability for security incidents, properly integrate GDPR obligations regarding camera surveillance and personal data, ensure the alarm response section addresses operational risks, and the termination clause protects your revenue stability. Do you already have general terms and conditions? If so, we will review them for completeness, legal validity, and compliance with current Wpbr requirements.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
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Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Customization per security service

Not every security service carries the same risks. Therefore, we do not make terms and conditions for security companies generic, but tailored to deployment, location, authority, reporting, and liability.

Object security

Attention to tasks, schedules, access, reporting, instructions, and liability.

Mobile surveillance

Attention to inspection rounds, reports, route, accessibility, and proof of execution.

Alarm response

Attention to response time, key management, escalation, control room, and limitations.

Event security

Attention to crowd control, access, organizer, emergencies, and powers.

Shop and retail security

Attention to theft prevention, privacy, incident reporting, and collaboration with staff.

Camera surveillance and control room

Attention to images, malfunctions, response time, privacy, and technical dependencies.


General terms and conditions for security companies must clearly define expectations. Security limits risks, but is no guarantee that every incident will be prevented.

Common mistakes in security company terms and conditions

In security services, terms and conditions often go wrong because the client expects absolute safety, whereas the assignment actually concerns surveillance, detection, reporting, and follow-up.

  • Do not make a clear distinction between effort and guarantee
  • Description of security guards' duties too generally
  • Do not concretely arrange alarm response and response times
  • Key management, do not document passes and codes
  • Do not document incident reporting and reporting procedure
  • Do not limit liability for theft or consequential damage
  • Privacy regarding camera footage and personal data being forgotten
  • Do not reject clients' purchasing terms and conditions

Draft general terms and conditions for your security company properly and prevent unnecessary problems in the future. Good terms and conditions prevent disputes regarding deployment, incidents, reporting, damage, and liability.

Are general terms and conditions mandatory for a security company?

No, but they are highly recommended because they record agreements regarding deployment, rates, reporting, incidents, safety, and liability.

Can a security company exclude liability for theft?

That depends on the circumstances. However, liability can be carefully limited and tailored to the assignment and insurance.

Does alarm response need to be arranged separately?

Yes, response time, accessibility, key management, and escalation in particular must be concrete.

Are privacy agreements necessary for camera surveillance?

Often, yes. When processing personal data or camera footage, privacy documents or data processing agreements may be required.

Can MKB Juristen review existing security conditions?

Yes. We monitor deployment, schedules, reporting, incidents, alarm response, privacy, payment, and liability, among other things.

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Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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