DIHK on Reform of the SÜG: Avoid bureaucracy, make procedures practical

The DIHK welcomes the objectives of the reform to expedite security clearances. However, it also warns against new reporting obligations, which could particularly burden small and medium-sized enterprises.

In light of the changed threat landscape, the German government aims to modernize security clearance processes with the presented draft. Under current law, security clearance for employees working in security-relevant areas typically takes several months. Accelerations are therefore welcome. At the same time, companies generally recognize the need for high-security standards. However, the draft law also entails new reporting obligations for companies and additional inspection steps within the security authorities conducting the clearances.

Key Points at a Glance

  • The German Chamber of Commerce and Industry (DIHK) welcomes planned acceleration measures and clearer terminologies.
  • If security authorities include internet searches in their reviews, processing times may further increase.
  • New reporting obligations may cause additional administrative effort.

Background

Depending on the security clearance employees should obtain, the security clearance process can take several months. Therefore, speeding up these processes is desirable from the companies' perspective. The draft law expands the options for security authorities to conduct online and social media research as part of the clearance. While the purpose of this regulation is understandable due to the security policy situation, it might extend the duration of the security clearance.

Should the Bundestag pass the law in this form, companies would also face reporting obligations for "security-sensitive positions in life- or defense-critical facilities." Considering the already high bureaucratic burdens companies face, the advantages and disadvantages of this measure should be weighed carefully. According to DIHK, definitions of legal terms and practical implementation aids are still missing in the draft law.

What matters to companies

  • New reporting obligations primarily affect companies with security- or defense-related activities.
  • Delays in security clearances can affect projects and personnel planning.

DIHK's demands

  • Realistic workload estimation: The actual compliance workload for companies should be calculated transparently and reliably.
  • Limiting bureaucracy: New reporting and documentation obligations should be reduced to the necessary extent.
  • Clear definitions: Legislators should clearly define which positions are deemed "security-sensitive."
  • Digital, efficient processes: Inspection agencies must have adequate capacities to prevent delays and enable faster security clearances.

FAQ

Frequently Asked Questions

Are there deadlines for implementation?
The regulations of the act will come into effect one day after publishing in the Federal Gazette.

Download

DIHK Statement Security Clearance Act (PDF, 121 KB)(only available in German)

Key areas:
  • Bürokratie

Contact persons

Baykal, Benjamin_quad

Benjamin Baykal

Director Economic and Defence Policy

Mann im Haus der deutschen Wirtschaft

Dr. Rainer Kambeck

Managing Director Economic and Financial Policy, SME