We invite you to read the recent press coverage featuring our senior associate in the Public Law and Regulated Markets Group, Francisco Alarcón, on the challenges posed by the new Private Security Law for businesses.
The new Private Security Law recently came into effect, pursuant to Law No. 21,659 on Private Security and its implementing regulations, Decree No. 209. The regulations aim to supplement the provisions established by the law, clarify obligations, and set forth the technical, operational, and other aspects necessary for its implementation.
The regulations govern various private security activities, including the storage, custody, transport, and distribution of hazardous materials; the installation and maintenance of electronic security systems; security consulting; and any other preventive activities for the protection of people, property, and production processes.
It is worth noting that, as of March 2025, there are 54,209 accredited security guards and 7,104 authorized private security officers nationwide; therefore, the regulation would initially affect more than 60,000 workers, but it also introduces new rules for companies that require private security systems.
Francisco Alarcón, a senior associate in the Public Law and Regulated Markets Group at the law firm Albagli Zaliasnik (az), explains that “the new law establishes clearer criteria for determining which companies or entities are required to have private security. The Undersecretariat for Crime Prevention will assess an entity’s risk, taking into account criteria such as the activities it carries out, the location of the facility, the characteristics of its surroundings, its operations, the value or danger posed by the objects inside, high public traffic, whether it performs strategic functions or provides public utility services, and whether it transports and/or stores dangerous or high-value objects, among other factors.”
Entities subject to these requirements must submit a security study to the regulatory authority and maintain measures such as surveillance cameras, security guards, and access controls. Only those entities classified as high-risk will be required to include armed private security guards among these measures. Therefore, it is necessary to assess whether the company is designated as a regulated entity and, if so, to begin the process of preparing or updating its security study.
Hiring Security Guards or Private Security Officers
One of the main differences in the regulation of private security is that private security officers are authorized to carry firearms, whereas security guards are not. In this regard, only entities designated as high-risk by the Undersecretariat for Crime Prevention or those required by law to do so—such as banks, financial institutions, or cash-in-transit companies—may hire private security guards. Meanwhile, any entity, regardless of its risk level, may hire security guards, provided it complies with the relevant legal and regulatory requirements.
Likewise, all companies may implement private security measures, such as cameras, guards, or access controls, provided they meet the corresponding regulatory requirements. However, certain entities that pose a greater risk to public safety may be required to implement private security measures.
Penalties
The law establishes fines for violations of the regulations. In this regard, violations are classified into three categories—very serious, serious, and minor—with the aim of imposing fines proportional to the severity of the offense. The types of conduct subject to penalties are wide-ranging. For example, a very serious violation is submitting false information to the Undersecretariat for Crime Prevention or to the regulatory authority; a serious violation includes failing to submit the security study or its modifications within the prescribed timeframe; and a minor violation refers to any act or omission that contravenes the obligations of the law but does not constitute a serious or very serious violation.
Francisco Alarcón concludes that, in light of the new regulations, “companies must ensure that their surveillance and electronic security systems comply with the new regulatory standards and allow for interoperability in the transmission of information required by the authorities. Anticipating and adapting to these new provisions will not only ensure legal compliance but will also strengthen the security of logistics operations, protecting people and property in a more efficient and coordinated manner with public security forces.”
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