For access to classified information ONLY the level of classification Restricted is not a condition for the performance of the security procedure and the subsequent issue of the Facility Security Clearance by the Office, the entrepreneur has access to this classified information on the basis of his written statement proving his ability to ensure the protection of classified information (hereinafter referred to as "the Statement of the Entrepreneur").

What are the forms of access by an entrepreneur to classified information classified at the level Restricted (Section 20 of the Act)

Depending on how the entrepreneur will access classified information, there may be two variants of access referred to as forms of access by the entrepreneur to classified information. Under this provision, an entrepreneur shall have access to classified information:

  • a) which arises from it or is provided to it, or
  • b) to which the employees of the entrepreneur or a person acting on behalf of the entrepreneur or on behalf of the entrepreneur have access, in connection with the performance of work or other activities for the entrepreneur on the basis of a contract, without being provided to or arising from the entrepreneur.

The form of access referred to in point (a) means that the entrepreneur creates classified information on his premises or that it is provided to him for further use in his own premises, on any medium. In the case of the entrepreneur's access referred to in point (b), this involves acquaintance with classified information, i.e. the classified information is not passed on to the entrepreneur and the entrepreneur only becomes acquainted with it, for example, at the contracting authority.

The conditions that the entrepreneur must necessarily meet in order to be entitled to make a statement of the entrepreneur with the form of access according to Section 20(1)(a) of the Act, shall also include the conditions laid down for the form of access referred to in Section 20(1)(b) of the Act. This means that if the entrepreneur makes a statement of the entrepreneur with the form of access referred to in point (a), in this case he has access to classified information also in the form referred to in point (b).

When an Entrepreneur may have access to Classified Information

  • if necessary for the performance of its activities, if the statement of the entrepreneur proves its ability to ensure the protection of classified information or if it holds a certificate of the entrepreneur (classified CONFIDENTIAL, SECRET, TOP SECRET), unless stated otherwise (Sections 58 to 62 of the Act).

Fulfilment of the conditions for access to classified information of the classification level Restricted on the basis of the issued statement of the entrepreneur shall be demonstrated by the entrepreneur the Provider of this information (hereinafter referred to as the ‘restricted information provider’) handing over the statement of the entrepreneur before the first access to this information. The provider of classified information is entitled to require the entrepreneur to submit the entrepreneur's security documentation and has the right to only inspect this document, cannot take it away or make copies or extracts. The provider of the restricted information shall send a copy of the entrepreneur’s statement to the Office without delay (Section 69(1)(q) of the Act). The entrepreneur will make as many statements of the entrepreneur as the providers will have restricted information.

If classified information at the level Restricted will only arise, without there being a provider of restricted information, the entrepreneur shall send the original statement of the entrepreneur to the Office immediately after making it.

When the entrepreneur is entitled to make a statement of the entrepreneur

  • if it has conditions in place for protecting restricted classified information which correspond to the form of access to it (Section 20 of the Act) and the relevant type of ensuring its protection (Section 5 of the Act),
  • the responsible person of the entrepreneur is the holder of a notification of compliance with the conditions for access to classified information at the level of the Restricted, Personal Security Clearance or Document.

The details of the entrepreneur’s statement are set out in the Industrial Security Decree (Annex 7) on the Office’s website: here or an online service can be used using the means of a qualified electronic identification scheme (NSA portal).

Validity and expiry of the entrepreneur's statement

The period of validity of the entrepreneur's statement is 5 years from the date on which it was made. If an Entrepreneur is to have access to Classified Information at the level Restricted after its expiry, he shall make a new statement of the Entrepreneur and shall continue to treat it in the same way as the original statement.

Validity of the statement of the entrepreneur according to Section 15a(5) of the Act ceases to exist:

  1. 5 years after the date on which it was made,
  2. on the date of delivery of the written notification of the entrepreneur that he is terminating his access to classified information, to the person to whom he has transmitted or sent the entrepreneur's statement (i.e. to the provider of the restricted information or to the Office),
  3. the date of delivery of the Facility Security Clearance for the form of access pursuant to Section 20(1)(a) of the Act or for the same form of access by the entrepreneur to classified information,
  4. the dissolution or termination of the entrepreneur,
  5. if the entrepreneur no longer fulfils any of the conditions that allowed him to make a statement of the entrepreneur (see above: When the entrepreneur is entitled to make a statement of the entrepreneur),
  6. by changing any of the information given in the entrepreneur's statement.

The entrepreneur shall immediately notify in writing the expiration of the validity of the entrepreneur's statement referred to in points 3, 5 and 6 to whom he has transmitted or sent the entrepreneur's statement.

Obligations of the entrepreneur who made the statement of the entrepreneur (Section 68a of the Act)

  • keep the security documentation of the entrepreneur in the scope of:
    •  the methods of implementation of the various types of ensuring the protection of classified information,
  • provide security documentation at the request of the provider of the restricted information;
  • ensure the protection of classified information when access to classified information ceases;
  • send a statement of the entrepreneur to the Office, if classified information classified at the level restricted only arises from him,
  • notify the Office or the provider of the restricted information in writing of the termination of access to it or of the expiration of the validity of the entrepreneur's statement, forward the classified information to the provider or to the person to whose material jurisdiction the classified information falls, of their own accord, to the authority of the State to whose material jurisdiction the classified information falls; if it is not possible to do so, it is obliged to hand them over to the Office, upon expiration of the validity of the entrepreneur's statement, the entrepreneur is obliged to submit the provided classified information