On Friday, December 6, 2024, the new Private Investigation Law was published in the Belgian Official Gazette, replacing the Detective Law of July 19, 1991 and its implementing decrees, regulating the profession of private investigator. 

The main drivers for this new law are the modernization of the legal framework for private investigators and the adaptation to current technological, societal, and legal realities.

The following brief overview gives an idea of the main considerations that you, as a client of a private investigator, should take into account:

• As a client, it is your responsibility to ensure that the private investigation firm you contract holds the necessary licenses, both at the company level and for each individual private investigator involved.

• Privacy legislation (General Data Protection Regulation) is referenced in several parts of the new law, including regarding the locations where observations can take place and the types of information that may be gathered or disclosed about individuals (for example, political views, biometric data, health data). 

The above points must be complied with under penalty of invalidity, meaning that the collected evidence may be considered invalid.

Another very important aspect of the new Private Investigation Law is that companies wishing to conduct investigations into their employees must establish a general and transparent internal regulation. This could be done, for example, through a collective labor agreement, employment regulations, or a decision by the works council.
The government has provided a two-year transition period for this rule to be practically implemented. 
To make this rule practical, the government did provide a transition period of two years. 

These reforms strike a balance between the effectiveness of private investigations and the protection of citizens' fundamental rights. They offer a more modern and clearer framework for private investigators and their clients.

The head of the research department at CORP-D is also an instructor in the private detective training program and teaches the new Private Investigation Law, among other topics.

Of course, Corp-D Solutions commits to conducting private investigations and guarantees legally responsible evidence collection with licensed private investigators, in compliance with the provisions of this law. 

A previous article discussed the Belgian Whistleblower Legislation (transposition of EU Directive 2019/1937). 

Within the European BRIGHT project, a self-assessment tool was developed: SUSA - Speak Up Self Assessment, a free online tool that allows you to assess the quality of your reporting channels. SUSA was developed according to the ISO37002 guideline on whistleblower management systems and the relevant EU directive.


The self-assessment is entirely anonymous and covers all aspects of whistleblower systems: channels, reporting, investigations, data management, security, etc.

The driving force behind this initiative is Professor Wim Vandekerkhove, EDHEC, co-founder of the ISO37002 guideline.

You can access the free tool via this link.

For reports received under the whistleblower legislation where the investigation goes beyond the jurisdiction of the HR department, CORP-D is pleased to offer professional support in line with the Private Investigation Law and the General Data Protection Regulation (GDPR). Our extensive expertise in large corporations ensures that we respect your corporate culture and can act swiftly, always in consultation with the relevant internal department.

On December 15, 2022, the Belgian legislator published the Whistleblower Act (transposition of EU Directive 2019/1937). The law is designed to protect employees and other stakeholders who report serious misconduct within companies and public institutions, and applies to all companies with more than 50 employees and public authorities.

The law protects anyone who reports information about wrongdoing in a professional context, such as:

• Employees (currnet and former)
• Self-employed individuals
• Shareholders and directors
• Freelancers and subcontractors
• Interns and applicants

It also extends protection to those who assist a whistleblower (such as colleagues or trusted persons).

Possible reports may include financial fraud and corruption, product safety, public health, data protection (GDPR), and more.

A report can be made in three different ways:

1.     An internal report within the company or organization

• Large companies and public authorities must set up a secure internal reporting channel, with the possibility for anonymous reports.
• The report can be made in writing, orally, or through an anonymous system.
• The company must confirm receipt of the report within 7 days and follow up within 3 months.

2.     An external report to an official body

• The Federal Ombudsman for government-related matters
• The Federal Public Service (FPS) Economy, the National Bank, or other regulators for the private sector.

3.     A public report (e.g., through media or social networks)

• This can only happen if there is immediate danger or if the above steps do not lead to action.

The law provides legal protection for whistleblowers, including a ban on retaliation (e.g., dismissal or sanctions). Companies that do not comply with these rules can face fines of up to €24,000 for failing to provide a reporting point, and up to €120,000 for companies that harm whistleblowers.

For reports received under the whistleblower legislation where the investigation goes beyond the jurisdiction of the HR department, CORP-D is pleased to offer professional support in line with the Private Investigation Law and the General Data Protection Regulation (GDPR). Our extensive expertise in large corporations ensures that we respect your corporate culture and can act swiftly, always in consultation with the relevant internal department.