Workplace Investigations: The 16 December 2026 deadline is fast approaching

16 December 2026 is fast approaching. Employers should already be preparing for an important deadline under the Belgian Act of 18 May 2024 regulating private investigations. On that date, the two-year transitional period will expire. Employers that have not yet reviewed their internal workplace investigation policies therefore have less than three months remaining to do so. Now is the time for employers to assess whether their internal procedures comply with the new statutory requirements.

A broad concept with unclear boundaries

Broadly speaking, private investigations involve the gathering and processing of information relating to persons or facts at the request of a principal, in order to protect the principal’s interests in the context of an actual or potential conflict.

Where investigations are structurally conducted by an internal investigation service or entrusted to external private investigators, the application of the Act appears relatively straightforward.

The position is less clear where an employer only conducts occasional internal investigations and does not have a so-called internal investigation service. Whether such ad hoc investigations fall within the scope of the new legislation remains subject to interpretation. The fact that an investigation is conducted only once does not necessarily mean that it falls outside the Act’s scope.

This legal uncertainty is also recognised at political level. Political discussions are currently underway regarding possible amendments to the legislation, partly in response to the practical difficulties employers have encountered since its entry into force.

What must be in place by 16 December 2026?

Although discussions regarding potential legislative changes are ongoing, the current deadline of 16 December 2026 remains fully applicable unless and until the law is amended.

For employers, Article 65 of the Act is of particular importance.

An employer wishing to conduct private investigations involving employees must first adopt internal rules that expressly and transparently provide for the possibility of such investigations and set out the conditions under which they may be carried out.

Employers that do not yet have such a framework in place would therefore be well advised to review their existing investigation procedures without delay.

This is not merely a matter of administrative compliance. Article 101 of the Act identifies Article 65 as a provision that is prescribed under sanction of nullity. An inadequate or missing framework may therefore have significant legal consequences, particularly where information gathered during an internal investigation is subsequently relied upon as evidence.

A separate policy?

The Act does not necessarily require formal approval from employee representatives or other social partners before these rules are introduced. Nevertheless, informing or consulting employees and/or their representatives may be advisable, both in the interest of transparency and to address practical questions relating to future investigations.

It is also recommended that these rules be included in a separate policy, rather than being incorporated into the work rules. This approach offers practical advantages, as the legislation is relatively new and its interpretation will continue to evolve through jurisprudence and legal doctrine. A separate document makes future amendments considerably easier to implement.

With less than three months remaining, employers that have not yet undertaken this exercise should place this issue at the top of their agenda.

FAIRWAY can assist your organisation in reviewing its current procedures and in drafting or updating a policy that complies with the Belgian Private Investigations Act.