Where can I get a model statement from an entrepreneur?

The details of the entrepreneur’s declaration are outlined in the Decree on Industrial Security (Annex 7), available on the Office’s website: here, or through NBÚ portal.

We have issued an Entrepreneur's Certificate of Confidentiality at Reserved. If, after its demise as a result of an amendment to the Act, we issue a declaration of the entrepreneur, do we have to change the current security documentation of the entrepreneur? In what areas?

The entrepreneur is obliged, according to the form of access to classified information, to keep documentation in the scope of Section 98(c) of the Act.

What do we have to do after the declaration is issued?

  • Ensure that the conditions are appropriate to the form of access to classified information (Section 20 of the Act) and the relevant type of protection measures (Section 5 of the Act).

  • The responsible person must hold a valid notification of meeting the conditions for access to classified information at the 'Restricted' classification level, personnel security clearence or security clearance certificate.

  • Prepare and store the entrepreneur's security documentation in the scope of Section 98(c) of the Act, and ensure it is updated as necessary.

If I hold an Entrepreneur’s Certificate of Confidentiality for the sole purpose of ‘introducing myself to classified information’ (access pursuant to Section 20(1)(b) of the Act) and I am creating or being provided with restricted classified information, can I make a declaration by the Entrepreneur?

Yes, in this case, the entrepreneur can hold a certificate of the entrepreneur and make a declaration of the entrepreneur. However, if the entrepreneur holds a certificate of the entrepreneur for access to classified information in full (access according to Section 20(1)(a) of the Act), the declaration of the entrepreneur does not make.

Does the entrepreneur’s declaration cease to exist by issuing the entrepreneur’s certificate even if the entrepreneur’s declaration was made for the full form of access to classified information (Section 20(1)(a) and (b) of the Act) and the entrepreneur’s certificate was issued for the sole purpose of ‘introducing classified information’ (access under Section 20(1)(b) of the Act)?

No, after the amendment to the Act effective from 1 January 2024, the entrepreneur’s declaration does not expire in this case.

What and when, as an entrepreneur who has made a declaration of an entrepreneur, do I have to report to the Office?

  • The Security Director must be notified within 15 days from the date the position of Security Director is filled.

  • If classified information is only generated by the entrepreneur, the entrepreneur is obligated to submit the declaration to the Office immediately after it is made. In this case, the entrepreneur is also required to immediately notify the Office of the termination of access to classified information or the expiration of the entrepreneur’s declaration upon delivery of the facility security clearence, the cancellation or termination of the entrepreneur's status, or if the entrepreneur no longer meets the conditions that originally allowed the declaration to be made (Section 15a(1) of the Act), or if any of the data specified in the declaration changes.

  • In the case of Section 15a(3) of the Act, the entrepreneur is required to submit a new declaration to the Office immediately if, after the expiration of the original declaration under Section 15a(5)(a) or (f) of the Act, they still urgently require access to restricted classified information.

What does it mean to provide the security documentation of the entrepreneur to the provider, how will it be implemented in practice?

The entrepreneur is obliged, if the provider of classified information so requests, to submit for preview the security documentation of the entrepreneur (the provider has the right only to inspect this document).

How many statements can an entrepreneur make?

The entrepreneur will make as many declarations as there are providers with restricted information.