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Business restraining order on the way
The Ministry of Justice has published an information package on reducing disruption on business premises.
The Orpo Government is continuing its drafting of business restraining order legislation. To support the drafting, a monitoring group was appointed on 6 Jun., containing representatives from the courts, police, the Finnish SME association Suomen Yrittäjät and the retail trade.
The Government Programme promises to adopt a business restraining order to improve business and labour security. The intention is to allow businesses to apply for business restraining orders against a person who repeatedly threatens and harasses a business. The goal is to have a Bill enter the consultation stage in March 2026.
“Although a retailer can already bar someone from the premises, one of the goals of Suomen Yrittäjät during this government term is legislation in Finland on a business restraining order based on official decision-making. That’s why we’re very pleased that this is now being prepared by the Ministry of Justice in cooperation with SME associations,” says Tiina Toivonen, Legislative Affairs Manager at Suomen Yrittäjät.
A business can already bar people. The Ministry of Justice has published an information package on its website, which outlines how the law currently allows shops and businesses to prevent disturbances. The information package explains, from the business owners’ perspective, things such as how it can bar people how the legislation on breach of the peace and restraining orders is applied.
You can act as follows now
Although the authorities cannot yet issue a business restraining order, the legislation already offers ways to reduce disturbances on business premises.
These are the guidelines from the Ministry of Justice:
Can a disruptive person be barred from entering a business premises?
A business owner has the right to forbid a disruptive person from entering the business premises. However, the prohibition cannot be discriminatory. If the person flouts the prohibition, they can be published for breach of the peace under certain conditions.
How can the business owner bar someone?
The practical means of barring someone are at the discretion of the person issuing the bar. The bar can be issued verbally. In order for a violation of the bar to be punishable, the bar on entering the premises must be issued in a clear and understandable manner.
Who can decide on a bar?
The person managing the business premises or their representative can bar someone. For example, the staff working in the business can be assigned with issuing the bar. The company’s security manager, CEO or other person in the company’s administration, or by the business owner themselves, can also issue a bar later on.
How long can a bar be in effect?
The law does not stipulate the length of the bar. Therefore, the business owner must consider for themselves how long the bar will be valid.
What should I do if I do not want to bar the person personally?
Deciding on a bar or issuing someone a bar because of a disturbance is not always possible or appropriate. It may be justified to only order a bar afterwards, such as when filing a criminal report. In this case, the bar can be served to the barred person, for example by post. The business owner can also use a bailiff to serve the entry bar. In this case, the bailiff will serve the bar on the person on the business operator’s behalf with evidence. Serving, or attempting to serve, the bar via a bailiff costs €110.
What can be done if a person enters a business despite being barred?
The business owner can refer to the bar and ask the person to leave.
The business owner may also contact the police if a person enters the business premises despite a properly issued entry bar. In such a situation, the person violating the bar may be guilty of a breach of the peace under the Criminal Code. A breach of the peace may be punishable by a fine or imprisonment for up to six months.
On what grounds is violating a bar punishable as a breach of the peace?
A breach of the peace is punishable, among other things, by unlawful entry into commercial premises. According to the grounds for the Bill that led to the enactment of the provision, “[t]he concept of trespassing includes bypassing or breaking through some kind of obstacle. … An obstacle can be physical in nature but also, for example, just a verbal prohibition”. According to the detailed justifications for breach of the peace, “trespassing can … mean both ignoring physical obstacles and ignoring a clearly expressed will in other ways”.
Can I apply for a restraining order against a harassing person?
An employee can apply to the district court for an extended restraining order under the Restraining Order Act. Applying for a restraining order is free of charge. When an extended restraining order is issued, it also applies to the vicinity of the protected person’s workplace. An employer cannot apply for a restraining order on behalf of an employee without the employee’s consent, but the employer can offer the employee help in applying for the order.
Source: Ministry of Justice