Complying with the National Security Act 2023
By Farah Benis
The National Security Act 2023 introduces new legal responsibilities for security professionals in the UK. The Home Office has issued updated guidance, urging those working in the sector to be aware of the risks posed by hostile state actors and to conduct thorough due diligence when engaging with clients. Security services, from consultancy to technical expertise, can be attractive to foreign actors seeking to operate in the UK, and without proper verification processes, professionals may find themselves inadvertently breaching national security laws.
Understanding the Risks
Security professionals play a crucial role in protecting businesses, organisations, and infrastructure. However, the nature of the industry means that the expertise provided - whether in risk assessments, cyber security, or physical security solutions, can also be exploited by foreign entities with malicious intent. The National Security Act 2023 strengthens the UK’s ability to prevent such threats, and professionals must now take extra precautions when dealing with new and existing clients.
Key Responsibilities Under the Act
1. Vigilance and Risk Awareness
Security professionals must remain alert to potential threats posed by hostile state actors. This includes being mindful of who they work with, the nature of the services they provide, and whether there is any risk of those services being misused for espionage, sabotage, or interference with UK national security.
2. Conducting Due Diligence
A critical part of compliance is ensuring thorough vetting of clients. Before engaging with any individual or organisation, professionals should conduct appropriate background checks to verify their legitimacy. This is especially important when dealing with overseas clients or entities that may have connections to foreign governments.
3. Identifying Links to Foreign Powers
Security professionals must assess whether a client has ties to foreign governments, particularly those with a history of hostile activity towards the UK. The Home Office guidance provides resources to help professionals determine whether an organisation is acting on behalf of a foreign power and whether their requests pose a national security risk.
4. Understanding Legal Consequences
Failure to comply with the National Security Act 2023 can result in severe legal repercussions. If a professional provides services to an entity that is later found to be acting against UK interests, they could be at risk of committing an offence under the legislation. Ignorance is not a defence, making it essential for those in the security sector to stay informed and proactive in their compliance efforts.
How to Stay Compliant
To avoid potential breaches of the National Security Act 2023, security professionals should adopt the following best practices:
Implement Robust Client Verification Processes: Establish clear procedures for vetting new clients, including identity verification and business background checks.
Monitor Industry and Government Alerts: Stay updated on government advisories related to national security risks and potential threats.
Enhance Internal Compliance Measures: Regularly review and update internal compliance frameworks to align with the latest security legislation.
Seek Legal Guidance if Unsure: If there is uncertainty about a clients background or whether a service could be misused, legal advice should be sought before proceeding.
Educate Teams and Colleagues: Ensure all staff within an organisation are aware of the new guidance and the steps required to maintain compliance.
The National Security Act 2023 reinforces the UK’s ability to tackle security threats, and compliance with the new guidelines is essential for professionals operating in the sector. By staying vigilant, conducting thorough due diligence, and following best practices, security professionals can help safeguard national security while protecting their own businesses from legal and reputational risks.
For full details, read the official Home Office guidance here:
