Classified information and industrial security
We advise businesses on the legal aspects of access to classified information. Our advice covers obtaining a Facility Security Clearance, personnel access to classified information, the organisation of classified information registries, and the rules governing the processing and circulation of classified information.
Classified information in business activities
Obligations relating to the protection of classified information arise in particular where a business seeks to enter into or perform a contract whose execution requires access to classified information. These requirements also apply to businesses participating in the performance of such contracts as subcontractors.
The scope of the applicable requirements depends on the nature of the access to classified information, including its classification level and the manner and place in which it is processed. Different requirements may apply to the business itself and to individuals who require access to classified information in connection with their duties.
The applicable requirements may depend on:
the classification level of the information,
the scope of access required by the business,
the place and manner in which the information is processed,
the scope of information required by particular individuals to perform their assigned duties,
the role of the business in the performance of the contract, including where it acts as a subcontractor.
Personnel access to classified information
Personnel access to classified information is subject to specific legal and organisational requirements. We advise businesses both on preparing personnel to obtain such access and on organising the related internal processes.
Requirements applicable to personnel
We help determine the requirements applicable to individuals who are to be granted access to classified information.
Obtaining access
We advise on the legal and organisational aspects of preparing personnel to obtain access to classified information.
Organisation of access within the business
We advise businesses on organising personnel access to classified information.
Changes affecting personnel
We advise where personnel or organisational changes may affect access to classified information.
Facility Security Clearance
As a rule, a business intending to perform a contract involving access to classified information should hold an appropriate Facility Security Clearance. The clearance confirms the business’s ability to protect classified information at the relevant classification level and to the extent specified in the clearance.
We advise businesses on determining the appropriate scope of the Facility Security Clearance for planned contracts and on preparing for industrial security proceedings conducted by the Internal Security Agency (ABW) or the Military Counterintelligence Service (SKW). Our advice covers the legal and organisational aspects of the process, including personnel matters and the organisation of the classified information protection system.
Scope of our advice
We provide comprehensive legal, organisational and practical advice tailored to the needs of businesses, public institutions and foreign entities.
Personnel security
We advise on matters relating to personnel access to classified information, including security vetting proceedings.
Industrial security
We advise businesses on obtaining the appropriate Facility Security Clearance.
Organisation of classified information protection
We advise on internal procedures for protecting classified information, including the organisation of classified information registries and the rules governing the processing and circulation of classified information.
Proceedings and legal remedies
We prepare explanations and responses to requests made in the course of security vetting and industrial security proceedings. We also represent businesses in appeal proceedings and before the administrative courts.
International classified information
The performance of contracts may require access to classified information of NATO, the European Union or the European Space Agency (ESA).
Our advice covers matters relating to the business’s ability to protect such information and to access by individuals involved in the performance of the contract.
Experience
Our practice includes matters relating both to preparing businesses for access to classified information and to issues arising during the performance of contracts or proceedings before the competent authorities.
Project carried out within an international group
A Polish company belonging to an international group participated in a project requiring access to classified information. An important aspect of the matter was enabling individuals performing key functions, but employed by a foreign group entity, to obtain the necessary access and participate in the project in compliance with the applicable requirements.
Preparing a business to obtain a Facility Security Clearance
The business was preparing to participate in contracts requiring it to demonstrate the ability to protect classified information. Our advice covered preparation for the industrial security proceedings and support in contacts with the competent authority.
Requests from the authority during the proceedings
During industrial security proceedings, the business was requested to provide additional information and explanations. Our advice included assessing the scope of the authority’s requests and preparing the position submitted in response.
Related areas
In some projects in the security and defence sector, requirements relating to the protection of classified information may be accompanied by licensing obligations or requirements concerning international trade.
Licensing
We advise businesses on licensing requirements for the manufacture of and trade in explosives, weapons, ammunition, and products and technology intended for military or police use.
International trade in strategic goods
We advise businesses on matters relating to international trade in military items and dual-use items.
FAQ
What is the difference between a Facility Security Clearance and a security clearance?
A Facility Security Clearance applies to the business and confirms its ability to protect classified information. A security clearance applies to a specific individual and is issued following the successful completion of security vetting proceedings.
Does a business always need a Facility Security Clearance?
Not in every case. The requirement to hold a Facility Security Clearance depends, among other things, on the type of classified information to which the business is to obtain access and on the nature of the contract or assignment being performed.
Can a business apply for a Facility Security Clearance before entering into a specific contract?
Yes. A business may prepare in advance to perform contracts for which it intends to compete in the future. The scope of the Facility Security Clearance should correspond to the anticipated scope of access to classified information.
Do all employees of a business need security clearances?
The requirements apply to individuals who are to obtain access to classified information. The scope of the required authorisations depends on the type of information and the extent of access required by each individual.
What can be done if a security clearance or Facility Security Clearance is refused or revoked?
The law provides for legal remedies in both personnel security and industrial security matters, followed by the possibility of review by the administrative court.
Does access to NATO, EU or ESA classified information require separate preparation?
Access to classified information of international organisations is subject to the rules applicable to the relevant information. In the case of a business and its personnel, it is necessary to determine which clearances and authorisations are required for the particular contract.
Is your project subject to security requirements?
We help determine the requirements applicable to the business, its personnel, access to classified information and the organisation of its protection, and prepare the business for the relevant procedures.