The Belgian Private Investigation Act came into force on 16 December 2024. It replaces the Private Detective Act of 1991 and is expected to reshape private investigations, as well as established practices and standards. The new Act takes into account the use of modern technology, the role of private investigations in the broader security landscape and the current principles regarding the protection of privacy and fundamental rights.
While the Act thus marks a significant change in the legislative framework, 2025 will reveal its practical implications.
The main features of the Private Investigation Act are the following:
Scope: The Act applies to private investigations, i.e. the investigations by a natural person on behalf of a principal (such as an employer) through the collection and processing of information on individuals (such as employees) or legal entities pertaining to facts committed by them. The Act covers both external and internal investigations, respectively by, for instance, private detectives or internal fraud investigators, with the aim to provide the collected information to the principal in order to safeguard its interest in a (potential) conflict or to trace missing persons or goods.
However, the Private Investigation Act does not cover investigations on (the status or value of) goods as such. For example, fire experts working for insurance companies to determine the cause of a fire are not subject to the Act.
The Act furthermore does not pertain to activities conducted by certain professionals such as lawyers or company auditors and investigations carried on behalf of a principal in fulfilment of, amongst others, legal obligations. Accordingly, investigations that are mandatory under the whistleblowing regulations do not fall within the scope of the Private Investigation Act. It is important to note in that respect that the Act may still apply to investigations that are organized pursuant to the principal’s internal whistleblowing policy beyond the actual scope of the whistleblowing regulations.
Finally, HR team members investigating employee incidents are exempted from licensing requirements. They must however still comply with the other provisions of the Act.
Licensing requirements: Private investigators and internal investigation services must obtain a license from the Minister of Internal Affairs. Internal investigation services have six months following the entry into force of the Act (i.e. 16 June 2025) to submit their license application. Once obtained, a license is valid for five years. The licensing conditions will be set by Royal Decree that is still to be published.
Policy: Companies must adopt a policy setting out the rules regarding private investigations of employees by 16 December 2026 (including the authorization and the conditions of such investigations). This requirement is subject to a nullity sanction, meaning that evidence obtained in breach of this provision will have to be excluded in case of court proceedings.
Limits to investigations : The Act prohibits the investigation or communication of certain types of information, such as a person’s political views, trade union membership, sexual behavior, etc.
Recording obligation: Internal investigation services must maintain an assignment register recording, amongst others, a precise description of the assignment, as well as the start and end date of the investigation. At the end of an investigation a written investigation report shall be provided to the principal.
Consent: For specific investigative measures, the consent of the person under investigation is required. This is the case when taking interviews (whether it is recorded or not) or if the marital, financial or professional situation of a person is being investigated.
Sanctions: Non-compliance with the Act may give rise to administrative sanctions.
Next steps: In order to assess the impact of the Private Investigations Act on your organization we recommend mapping the type of investigations that are conducted within your organization (if any), for what purpose and by whom. This will help determine whether your organization’s activities fall within the Act’s scope and identify the practical implications of the Act.
If you have any questions regarding the Private Investigation Act, don’t hesitate to contact Liesbeth Truyens or Marie-Aude Deslandes who will gladly assist you in navigating the Act and evaluating its impact on your organization.