Progress on business restraining orders

The Bill has moved to consultation stage.

A Bill drafted by the Ministry of Justice would see Finland introduce court-issued business restraining orders. In addition, the provision on violation of privacy relating to public premises would be clarified.

The intention is to strengthen the safety of employees and customers by tackling serious and repeated threats and violence, the Ministry of Justice states in a press release.

The Bill is part of the Government Programme’s policy on business restraining order, the Ministry says.

Under the Bill, courts could issue restraining orders on the basis of previous disruptive behaviour with the aim of preventing criminal offences and other serious and repeated harassment. Shops open to the public could apply for restraining orders. Pharmacies, however, would be excluded from its scope.

A court would issue a restraining order on the application of a trader. The police would be responsible for enforcement, and breaching the order would be a criminal offence. Violating a court-issued restraining order could result in a fine or up to one year in prison.

“This is a new legal tool for tackling disruptive behaviour in shops. Retail must be a safe workplace for staff,” Justice Minister Leena Meri says.

Suomen Yrittäjät, the Finnish SME association, says business restraining orders are needed urgently to address the rise in disruptive behaviour in the retail sector.

“Retail workers face violence, threats, harassment and sexual harassment at work. Retail employers need a way to protect their staff from repeated and serious harassment,” says Tiina Toivonen, Legal Affairs Manager at Suomen Yrittäjät.

“Breaching a business restraining order must be deterred through clear and effective sanctions, and the courts should process business restraining order applications as efficiently as possible,” Toivonen continues.

Traders would retain the right, in principle, to ban disruptive individuals themselves. The clarification of the Criminal Code provision on violation of privacy relating to public premises would make clear that it is an offence to enter premises protected by that provision in breach of a ban imposed on the person by the owner.

The Government intends to place the Bill before Parliament in the autumn of 2026.

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 bar a disruptive person from entering the business premises. However, the bar cannot be discriminatory. Breach of the bar is, under certain conditions, punishable as violation of privacy relating to public premises.

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 tasked with barring customers. A company’s security manager, CEO, another member of company management or the business owner themselves may also decide on the bar afterwards.

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 ban 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 in a verifiable manner. 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 breaching the ban may be guilty of the offence of violation of privacy relating to public premises under the Criminal Code. The offence is punishable by a fine or imprisonment for up to six months.

On what grounds is breaching an entry ban punishable as violation of privacy relating to public premises?

Such unlawful entry is punishable, among other things, as violation of privacy relating to public premises. According to the grounds for the Bill that led to the enactment of the provision, “the 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 reasons concerning the offence, “entry may … mean disregarding both physical obstacles and a clearly expressed intention stated in some other way”.

Can I apply for a restraining order against a harasser?

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

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Toimitus

toimitus@yrittajat.fi