Belgium's new Private Investigation Act (PIA) was published in the Official Gazette on 6 December 2024. Replacing the 1991 Act on Private Detectives, it introduces a robust regulatory framework for private investigators (PIs), with significant implications for employment-related investigations.
While much of the Act focuses on private investigators, it also highlights important standards and expectations that are directly relevant to internal employer HR investigators and workplace investigations more broadly. The legislation balances the legitimate needs of employers to investigate misconduct with the imperative to protect employees’ privacy and rights.
This article examines how the new Act impacts both external investigators and internal HR professionals, through its requirements in employment matters.
Investigations in the Workplace: Private Investigators and HR Professionals
Workplace investigations in Belgium, whether conducted by external private investigators or internal HR personnel, are often critical in addressing issues such as fraud, harassment, theft, or breaches of company policies. However, such investigations carry legal and ethical risks, particularly when employee privacy and data protection laws are not carefully observed.
The new Private Investigation Act establishes clear guidelines for external investigators, many of which also provide valuable benchmarks for internal HR investigators. Employers should pay close attention to these standards to ensure all workplace investigations—whether outsourced or internal—are conducted within Belgian laws.
Key Changes Impacting Workplace Investigations in Belgium
1. Strengthened Data Protection Obligations
Under the new Act, investigators must comply with strict data protection standards, including the GDPR. This obligation applies not only to external investigators but also to internal HR teams handling sensitive employee data. Key requirements include lawful basis for investigations such as legitimate interests or compliance with legal obligations.
Additionally, data collection methods must be proportionate to the investigation’s objectives, avoiding excessive or unnecessary intrusions into employees’ privacy. Where feasible, employees should be informed about the investigation unless doing so compromises its integrity.
2. Clear Boundaries on Surveillance and Monitoring
The Act prohibits invasive practices such as unauthorized video or audio surveillance, accessing personal devices without consent, or monitoring employees in private spaces. These restrictions apply to external PIs and internal HR investigators. Employers must ensure that any monitoring or surveillance activities align with both the Act and employment law requirements.
3. Detailed Permissible Activities
The Act explicitly defines activities that private investigators can perform, such as surveillance, fraud detection, and background checks, while prohibiting unlawful actions like hacking or unauthorized data access. Internal HR investigators should adopt similar constraints, ensuring their activities remain within legal boundaries and are focused solely on legitimate workplace concerns.
4. Accountability and Oversight
For private investigators, the Act establishes a regulatory authority with powers to audit activities, investigate complaints, and impose sanctions. While this oversight does not directly extend to internal HR investigators, employers are advised to implement robust internal controls and record-keeping practices. These measures help demonstrate compliance with legal standards and build trust in the investigation process.
5. Mandatory Training and Expertise
The Act requires private investigators to undergo mandatory training on legal and ethical standards, including Belgian employment law. Employers should similarly ensure that HR professionals involved in investigations receive adequate training on privacy, discrimination laws, and proper investigative techniques. Missteps in internal investigations can expose employers to significant legal liability.
Specific Guidance for HR Investigations
Internal HR investigations often differ from those conducted by external PIs in terms of scope and methodology. However, HR professionals must adhere to similar principles under the new regulatory framework, particularly regarding fairness, transparency, and data protection.
Employers must have clear, documented reasons for initiating investigations, particularly when they involve sensitive or personal employee data. Internal investigators should operate impartially and avoid conflicts of interest. Where impartiality cannot be assured, external investigators may be preferable. Protecting the confidentiality of employees involved in an investigation is critical, both for compliance and to preserve workplace trust.
Implications for Belgian Employees
The Act provides employees with enhanced protections during workplace investigations, whether conducted by external investigators or internal HR teams. These include clear limits on intrusive surveillance or data collection, the ability to challenge unlawful investigative practices, and greater transparency and fairness in the handling of personal data.
Employees in Belgium should also be aware, however, that legitimate investigations when conducted lawfully remain permissible. The Act seeks to prevent abuse, not to obstruct genuine efforts to maintain workplace integrity.
Challenges for Belgian Employers
While the new Act sets a high standard for workplace investigations, it also poses challenges for employers. Compliance burdens may increase as both external and internal investigators must navigate complex legal requirements, potentially increasing administrative costs and time. Restrictive surveillance rules may make it harder to investigate certain types of misconduct due to stricter limits on monitoring tools and techniques. Employers must also invest in training internal HR professionals to ensure they are equipped to handle investigations in line with the new law.
To comply with Belgium's new Private Investigation Act, companies must develop clear policies governing workplace investigations. Employers have until 16 December 2026 to implement these policies.
Conclusion: A New Standard for Workplace Investigations in Belgium
Belgium’s new Private Investigation Act introduces significant changes to the regulation of workplace investigations, setting clear standards for both private investigators and internal HR professionals. Employers must adapt to these changes by ensuring compliance with data protection rules, adopting fair and transparent investigation practices, and equipping HR teams with the necessary training.
By aligning with the principles of the Act, employers can maintain workplace discipline while respecting employees’ rights, fostering a culture of fairness, and mitigating legal risks.