In March 2025, we reported on the new Belgian legal framework governing private investigations and its impact on employers conducting investigations involving their employees. The Private Investigation Act entered into force on 16 December 2024 and already imposes various requirements on employers conducting such investigations. These include obligations concerning, among other things, the collection of information, investigative methods, documentation and the protection of personal data.
However, one important transitional period is now coming to an end. By 16 December 2026, employers wishing to conduct private investigations involving their employees must have an appropriate internal framework in place.Â
Why should employers pay attention?
The concept of “private investigation” is broader than its name might suggest. It is not limited to investigations conducted by external private investigators. The employer does also not necessarily need to have a dedicated internal investigation department for the Act to apply. Internal investigations carried out by e.g. HR staff may also fall within the scope of the Act. This may be the case, for example, where an employer investigates a suspected:
- breach of internal rules;
- misuse of confidential information; or
- any other misconduct that could lead to disciplinary action or dismissal, including in particular a dismissal for serious cause.
What changes on 16 December 2026?
In addition to the existing requirements, an important obligation will become fully applicable on 16 December 2026.
The Act indeed requires employers to establish in advance an explicit and transparent framework governing private investigations in the workplace. Under this framework, employees must be informed of the possibility that private investigations may take place, as well as of the rules and procedures governing such investigations.
Employers were given two years from the entry into force of the Act to comply with this requirement. That transitional period ends on 16 December 2026. By that date, the required framework must therefore be in place for employers wishing to conduct private investigations involving their employees.
What should the required framework include?
The Act does not prescribe the exact form or content of the required framework. In practice, employers should clearly determine the circumstances in which an investigation may be initiated, who may conduct it, the procedures and investigative methods that may be used, and the safeguards applicable to the employees concerned.
We recommend implementing the framework through a dedicated internal policy. This approach provides employers with greater flexibility to establish a clear and workable framework adapted to their organisation.
What if an employer does not comply with this obligation?
The requirement to establish an internal framework before conducting a private investigation is prescribed under penalty of nullity. Failure to comply with this requirement may therefore result in the nullity of the information obtained through the private investigation, meaning that the employer may be unable to rely on that information in subsequent proceedings.
This can have significant consequences where an employer intends to rely on the findings of an internal investigation as grounds for disciplinary action or dismissal.
This is particularly important in the context of a dismissal for serious cause, where employers are subject to strict statutory deadlines and may need to conduct an investigation at short notice. Employers should therefore not wait until an incident occurs to implement the required framework.
How can Simont Braun help employers comply with this new obligation?
With 16 December 2026 approaching, employers should verify whether they already have an internal framework that meets the requirements of the Private Investigation Act and, if not, take the necessary steps to implement one before the deadline, so that they are prepared for any private investigation that may arise thereafter.
Simont Braun’s People Law team can assist you in reviewing or drafting the required internal framework and in setting up practical procedures for conducting private investigations in compliance with the Act.
If you have any questions or require assistance, feel free to contact the authors Alexis Ceuterick or Marie-Ysaline Lannoye.
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This newsletter is not a legal advice or a legal opinion. You should seek advice from a legal counsel of your choice before acting upon any of the information in this newsletter.Â