Why pretending to have security system at home by using fake sign can end up being costly
Fear of burglary or squatting has prompted some people to place notices around their property, without having hired the services of a security company, in a bid to scare off perpetrators
Home security is one of the main concerns of residents living in Spain nowadays. Fear of burglary or squatting, especially in second homes, has led many owners to contract security services. However, some people take another route by opting to place distinctive warning signs and stickers around the entrances of their homes, without having hired the services of a security company, in order to scare off perpetrators.
This, however, can end up being very costly for the owner. According to Law 5/2014, the simulation of private security services without authorisation is strictly banned. Article 10 states that the logos and distinctive branded elements of private security companies cannot be used by private individuals without a contract.
This means that one cannot display that they have an alarm system if they do not have a contract with a company.
Furthermore, Article 44 of Law 17/2001 says that a fine of at least 600 euros for each day that the infringement continues will be imposed on those who use a registered trademark without an authorisation. The fine can go up if additional claims for damages are made.
Up to three years in prison
In addition, Article 274 of the Penal Code criminalises the unauthorised imitation or use of official distinctive signs as an offence against industrial property. This is punishable by fines of 12 to 24 months and even, in the most serious cases, imprisonment for up to three years.
Displaying posters or signs that give the impression a service is active when it isn't may count as misleading advertising, which is an unfair practice punishable by six months to two years in prison.
