Partnerblog
On 16 December 2026, the transitional period provided by the legislator for the implementation of internal regulations under the Belgian Private Investigation Act (PIA) will come to an end. From that date onwards, employers conducting private investigations involving employees must have PIA-compliant internal regulations in place. Failure to comply may have significant consequences. The PIA provides for a sanction of nullity, which means that courts may disregard findings and evidence obtained through private investigations conducted without compliant internal regulations.
The obligation arises from the Private Investigation Act of 18 May 2024, which introduced a new legal framework governing private investigation activities in Belgium. Among other changes, the PIA requires employers who (may) conduct investigations involving employees to adopt transparent internal rules governing such investigations and to ensure that employees are properly informed of those rules.
With the 16 December 2026 deadline fast approaching, employers who have not yet started this exercise would be well advised to do so without delay.
- Who is subject to this obligation?
The scope of application of the PIA is exceptionally broad. In practice, it applies to virtually every employer, in both the public and private sectors.
As soon as an employer conducts, or may conduct, an investigation involving employees, it must have PIA-compliant internal regulations. This may include investigations into fraud, theft, conflicts of interest, breaches of internal policies, unfair competition, or other forms of misconduct.
Neither the size of the organisation, the number of employees, nor the frequency with which investigations are carried out is relevant in this respect.
- What should the internal regulations contain?
The purpose of the internal regulations is to ensure transparency regarding the circumstances in which investigations may be conducted and the manner in which they will be carried out.
Neither the PIA nor the explanatory memorandum prescribes the specific contents of the regulations. However, based on the objectives of the Act and the requirement to provide employees with adequate information, we consider that the regulations should, at a minimum, address the following matters:
- the circumstances in which a private investigation may be initiated;
- the persons, functions or departments authorised to conduct investigations;
- the manner in which investigations are conducted;
- the investigative measures that may be used, such as interviews, searches of workplaces, lockers or company documents, the review of CCTV footage and the analysis of geolocation data;
- the possible consequences of an investigation;
- the rights of employees during and after the investigation process.
- How can the regulations be implemented?
The PIA does not prescribe the form that the internal regulations must take. According to the explanatory memorandum, they may, among other possibilities, be implemented through a collective bargaining agreement or incorporated into the company’s work rules.
In our view, it is equally defensible to adopt the regulations through a standalone policy that is drafted, implemented and amended unilaterally by the employer.
Although the Act does not formally require the approval of employee representative bodies, employers should consider informing and consulting the relevant consultation body in advance, such as the works council or the trade union delegation.
Employers must also be able to demonstrate that employees have been adequately informed of the regulations. This may be achieved, for example, through signed acknowledgements of receipt, publication on the company’s intranet, or other targeted communication measures that ensure employees are made aware of the rules.
- What are the risks of non-compliance?
The obligation to have internal regulations in place is subject to a sanction of nullity.
As from 16 December 2026, findings and evidence obtained through a private investigation conducted without compliant internal regulations may be disregarded by the courts. This could have far-reaching consequences, particularly where an employer seeks to rely on investigation findings in support of disciplinary action or a dismissal, including a dismissal for serious cause.
Given the importance of investigation evidence in employment disputes, compliance with this requirement should not be overlooked.
- Will the deadline be extended?
According to various sources, a corrective bill is currently being prepared to amend certain aspects of the PIA. This may include an extension of the transitional period for implementing the mandatory internal regulations.
To date, however, no definitive legislative amendment has been adopted and no draft bill has been published. Moreover, based on the information currently available, any amendment would appear to concern only the compliance deadline rather than the underlying obligation itself.
Pending further clarification, employers should therefore proceed on the basis that the current deadline of 16 December 2026 remains applicable.
Action point
As the deadline is rapidly approaching, employers should assess whether they already have PIA-compliant internal regulations in place and whether employees have been properly informed of them.
Where this is not yet the case, now is the time to begin preparing the necessary documentation and reviewing related policies, such as whistleblowing procedures, in order to ensure overall compliance with the Private Investigation Act.
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