NEWS – “without comment”
The Belgian Private Investigations Act: a game changer for internal investigations
APPLICABLE AS FROM DECEMBER 16, 2024
The following are extracted parts of the full article which is located at:
On 6 December 2024, the eagerly awaited Private Investigations Act (the “Act”), adopted by parliament in May 2024, was published in the Belgian State Gazette. The Act constitutes a major overhaul of the existing legal framework governing private investigations (also known as internal or corporate investigations) and promises to be a game changer for businesses and private investigators alike. In this post, we provide a first high-level analysis of the Act.
Background and key objectives
The Act repeals and replaces the 1991 Private Detectives Act.
The primary objective of the Act is to restore the balance in terms of investigatory powers and techniques between public investigations (i.e. criminal investigations conducted by the police) and private investigations.
Scope
The Act, which is of public order, has a broad scope of application, it applies to private investigations conducted by external investigators and in-house investigation services.
Private investigations involve a private investigator who collects and processes information about individuals, such as employees, or legal entities. This information pertains to facts allegedly committed by them. The private investigator provides this information to a principal, such as an employer, to safeguard the principal’s interests in cases of actual or potential conflicts, such as a dismissal dispute.
Additionally, private investigations can aim to trace missing persons or locate lost or stolen goods.
Notably, activities conducted by certain professionals such as lawyers, journalists or company auditors are not considered as private investigations and are therefore excluded from the Act. Investigations carried out pursuant to whistleblowing regulations are also exempt.
Licensing: external investigators and in-house investigation services (except for HR teams) must be licensed by the relevant authorities to conduct private investigation activities.
The Act will no doubt have a substantial impact on private investigations going forward. Businesses are therefore well advised to carefully consider the impact of the Act on their internal structures, operations and policies to ensure compliance and effectiveness of future investigations.
If you have any questions, please do not hesitate to contact our experts who will be happy to guide you through the intricacies of the Act and its implications for your business.
Matthias Schelkens – Kevin Xhebexhia / Linklaters – Dispute Resolution – Employment and Incentives
https://www.linklaters.com/en/find-a-lawyer/matthias-schelkens
https://www.linklaters.com/en/find-a-lawyer/kevin-xhebexhia
Posted by: Ian (D. Withers)
www.WAPI.org