Private Investigation Act: the deadline for drafting the regulations on private investigation is approaching!
In our previous newsletters of 3 April 2025 and 13 March 2026, we provided more explanation on the obligations under the Private Investigation Act (hereinafter “PIA”).
A judgment of the Labour Court of Kortrijk once again examined the extent to which an employer had complied with the obligations under the Private Investigation Act during an investigation conducted in the context of a dismissal for serious cause. An increasing number of court decisions are taking these obligations into account, highlighting the growing importance of compliance with the PIA. An important deadline that is now approaching quickly is the one for drafting the regulations on private investigation.
What must be included in the regulations on private investigation?
Through these regulations, employees must be informed that the employer can carry out private investigation activities, and they must give their consent for this. In addition, the regulations must set out the rules for conducting private investigations in the workplace, such as:
- who conducts the investigation;
- which facts may give rise to a private investigation. For example, an investigation by the HR department in the context of a dismissal for an urgent reason into a possible theft by an employee;
- how the investigation is carried out in practice.
Who must draft these regulations?
Every employer who wishes to conduct private investigations in the workplace, regardless of the size of the company.
Form?
The law only stipulates that the regulations must be drafted. This can be done, for example, through a collective labour agreement or an annex to the working regulations. However, we recommend including the regulations in a policy.
Deadline?
The regulation must be drafted before 16 December 2026.
What are the consequences if this obligation is not complied with?
Findings from a private investigation carried out after 16 December 2026 without regulations will be considered null and void. In legal proceedings, such as proceedings concerning a dismissal for an urgent reason, the court may disregard these findings.
What other obligations under the Private Investigation Act must an employer take into account?
-
If an HR department structurally carries out private investigation activities, it qualifies as an “internal private investigation service”, which must have a licence and an identification card. If an HR department only occasionally carries out private investigations, this is not required, but the other obligations of the Private Investigation Act still apply.
-
When an employer actually starts a private investigation regarding an employee, additional documents are required. Which documents exactly depend on who conducts the investigation and which investigative actions are carried out (confrontation, interview, observation, etc.).
What can Pro-Pay do for you?
We are happy to assist you with drafting the necessary documents or providing templates. Of course, you can always contact us with your questions about the Private Investigation Act at legal@pro-pay.be.
