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.