The Act of 18 May 2024 on private investigation entered into force on 16 December 2024.
This law establishes a framework for carrying out investigative activities outside the police and judicial context.
This is particularly important for HR managers: the law also targets internal HR departments that, on behalf of the employer, occasionally conduct investigations within the company.
It is therefore essential that you, as an employer or HR professional, know in which cases the law applies, what exceptions exist, and what practical consequences this may have for your internal operations.
WHAT FALLS UNDER PRIVATE INVESTIGATION?
The law sets out four conditions that must all be met in order for an activity to qualify as “private investigation”:
- the activity is carried out by a natural person;
- the activity is carried out on behalf of a client;
- the activity consists of collecting information obtained by processing data about natural or legal persons, or about the circumstances of facts committed by them;
- the activity aims to provide the collected information to the client in order to protect the client’s interests in the context of an actual or potential conflict, or to trace missing persons or lost or stolen goods.
In practice, this may involve, for example, investigations in the context of recruitment, dismissal for cause, suspicions of unfair competition, theft, incapacity fraud, etc
EXTERNAL VERSUS INTERNAL INVESTIGATION
The law distinguishes between investigations carried out by:
- External companies: “any natural or legal person who offers private investigation activities to third parties or carries them out for third parties or presents themselves as such.”
- Internal services: “any service that is organized by a natural or legal person for their own benefit for the structural exercise of private investigation activities or presents themselves as such.”
This refers to internal departments within a company that are solely responsible for investigative tasks (in-house investigation).
When these actors carry out private investigative activities, they must meet specific conditions. Among other things, a license and identification card from the Federal Public Service for Home Affairs is required.
EXCEPTIONS FOR HR DEPARTMENTS
The law provides an exception to the obligation to obtain a license and identification card.
This applies when members of the HR department, on behalf of the employer, carry out private investigation activities on employees in the context of an incident investigation. Unlike internal services, this is considered occasional practice.
Since “incident investigation” is not legally defined, reference must be made to the parliamentary preparatory works. These mention, among other things:
- analysis of CCTV footage;
- examination of access control data;
- reading of electronic locks or badge readers;
- questioning colleagues.
Until now, HR departments could often conduct such investigations informally. With the (renewed) law, this changes: internal investigations must now also comply with clear rules.
CHECKLIST FOR EMPLOYERS
✔ Inform your employees in advance
Employers must inform their employees beforehand and establish clear agreements in a transparent and enforceable framework.
Since the law does not prescribe any formal requirements, you may provide this, for example, through:
- a policy;
- an annex to the employment contract;
- a collective bargaining agreement;
- your work regulations.
Employers have until 16 December 2026 to comply with this obligation.
✔ Possess a legitimate interest
Every investigation must be justified by a legitimate interest and remain proportionate.
✔ Document the investigation
Before the investigation begins, an assignment register must be drawn up, stating:
- the name of the client,
- a detailed description of the assignment,
- the date on which the assignment was given,
- the date on which the assignment ended.
During the investigation, an investigation file must be compiled. This must include, among other things:
- a chronological overview of the actions taken,
- the methods and resources used,
- the names of the investigators,
- the documents drawn up or obtained in the context of the investigation, etc.
No later than 1 month after the last investigative act, an investigation report must be drawn up. If this is the only or final report, it is referred to as the final report.
✔ Decision following the results
Within 30 days of receiving the final report, the employer must take a decision:
- You decide not to follow up
If you decide not to act on the investigation results, then the investigation report, the final report, and the information contained therein must be deleted. - You decide to follow up
Every person involved and every person identifiable in the report must be informed about:- the fact that an investigation was conducted;
- the reason and nature of the investigation as well as the investigation methods used;
- the start and end date of the investigation;
- the findings of the investigation;
- the identity and contact details of the data controller;
- the existence of the right to free access and to add, correct, or delete incorrect personal data relating to them, and the specific rules under which this right may be exercised with the investigator.
As long as the persons involved have not been able to exercise the above rights, you may not use the information from the investigation report.
CONSEQUENCES OF BREACH
Non-compliance may lead to:
- a warning;
- a settlement (up to 30% of the amount of the administrative fine, with a minimum of €100);
- an administrative fine (from €100 to €25,000).
Moreover, when an investigation is carried out in violation of a provision that is subject to nullity (e.g., lack of internal regulations), it will not be taken into account. For breaches of other provisions, it is up to the judge to assess admissibility and evidential value.
This presents a real risk when the investigation report is the only evidence in the context of a dismissal for cause.
CONCLUSION
This new law is relevant for every employer, as it introduces changes to everyday HR practice – from recruitment to dismissal.
Since incomplete or incorrect application does not go without consequences, it is important to start well-informed.
EQUI is pleased to assist you in establishing a correct framework and ensuring timely implementation before 16 December 2026.
Written by Maïté Rowies
