On 6 December 2024, the Private Investigations Act (PIA) was published in the Belgian Official Gazette. The PIA imposes certain new obligations with respect to private investigation activities, whether carried out in-house or by external investigators. Given the broad scope of application of the PIA, it is likely to materially impact many employers in Belgium.
The PIA does not only apply to investigations conducted by companies whose primary business involves private investigations but also to internal investigations conducted within a company, such as regarding employee (mis)conduct.
Certain obligations of the PIA therefore do not only apply to specialized internal or external investigation services, but also to HR departments in case of occasional investigations.
Importantly, the PIA also provides for a number of exclusions from its scope of application, such as for the professional activities of lawyers, notaries, bailiffs, journalists and auditors and in case the investigation is mandated by law (e.g., in the framework of the Belgian Whistleblowing Act of 28 November 2022).
Specific requirements apply to investigations conducted by so-called “...
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