An entrepreneur who is a natural person with permanent residence in the territory of the Czech Republic registered in the Trade Register, Commercial Register or other register kept under another law by a registrant and who pursues business activities or a legal person with its registered office in the Czech Republic registered in the Commercial Register, whose main activity is business activities, and who necessarily needs access to classified information classified as Confidential and above, may be granted such access if he holds a valid Facility Security Clearance of the entrepreneur of the relevant classification level or above, unless Act No 412/2005 Coll., on the protection of classified information and security clearance, as amended (hereinafter referred to as the "Act") provides otherwise (Sections 58 to 62 of the Act).

The entrepreneur’s certificate shall be issued by the National Security Office (‘the Office’) to an entrepreneur who fulfils the conditions for its issue laid down in Section 16 of the Act, after a safety procedure has been carried out.

Who is involved in the security procedure

The participant of the security procedure is according to Section 92(b) of the Act an entrepreneur who has submitted an application for the issue of a Facility Security Clearance, or pursuant to Section 92(c) of the Act an entrepreneur holding a Facility Security Clearance.

Security proceedings take place and documents are drawn up in the Czech language, unless it is a question of exercising the rights of a member of a national minority. In the case of a document drawn up in a foreign language, the party to the security proceedings must submit it in the original version and at the same time in an officially certified translation into the Czech language.

The decision to submit an application for the issue of a Facility Security Clearance is fully within the competence of the statutory body. In practice, this case usually occurs on the basis of business contact, for example negotiations with the aim of concluding a contract of sale or a contract for work with an institution or business partner, which requires the entrepreneur to hold a valid Facility Security Clearance, because in fulfilling the terms of the contract, he will become acquainted with classified information, classified information will be provided to him or classified information will be generated from him.

What are the forms of access of the entrepreneur to classified information (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 entrepreneur's employees or persons 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 for the issuance of the Facility Security Clearance 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 an entrepreneur applies for the issue of a Facility Security Clearance with the form of access referred to in point (a), he has access to classified information in the form referred to in point (b) if the required Facility Security Clearance is issued. On the basis of the above, in such a case, only the form of the entrepreneur's access to classified information pursuant to Section 20(1)(a) of the Act.

Form of access according to Section 20(1)(b) of the Act it is marked on the Facility Security Clearance issued on the basis of applications if the entrepreneur applies only for the form of access referred to in point (b).

Note:

The next important step is to determine the classification level. In particular, it is necessary to refer here to Government Regulation No. 440/2024 Coll., on the catalogue of areas of classified information. In addition to the classification level, the form (option) of access must be clearly defined in the application (Section 20 of the Act) see above.

Notice to Entrepreneurs:

With regard to the individual provisions of the Act, relating to the implementation of the security procedure on the application and further taking into account the provisions of the Section 20 of the Act, which lays down the method of access to classified information, an entrepreneur cannot apply for a so-called combination of degrees within a single application. Therefore, it is not possible to request a different classification level for the so-called familiarisation with classified information (see Section 20(1)(b) of the Act) and another classification level for the so-called provision, creation and storage of classified information (see Section 20(1)(a) of the Act), but only one classification level for which it can request access under Section 20(1)(a) of the Act or for access under Section 20(1)(b) of the Act.

If an entrepreneur intends to request a different classification level, must submit two separate applications (two forms). Each request shall specify precisely the level of classification and the form or form of access referred to in Section 20 of the Act asks. The content of both applications must comply with the provisions of Section 96 of the Act. Applications submitted in this way will be subject to two separate security procedures.

If the entrepreneur intends to submit applications for a different degree, we recommend that you consult the manner of submitting and the content of the applications and the scope of the documented annexes through the Secretariat of the Security Management Section, tel. no.: 257 283 153, 221.