Internal investigation? Don’t fall for these 5 PIA myths

5 myths, clearly explained

Myth 1 — ‘The PIA only concerns private detectives.’

Fact: the PIA also applies in the workplace. The law looks at what you do, not just at who does it. So if you gather information about people or their behaviour in order to protect the client’s interests, that investigation may fall under the PIA. Think of suspected fraud, misuse of company resources or abuse of incapacity for work. The Act of 18 May 2024 replaces the old detective law and has applied since 16 December 2024. It is also a matter of public policy: other arrangements in a contract therefore don’t put it out of play.

Myth 2 — ‘Every internal investigation requires a licence.’

Fact: not every investigation requires a licence. An HR department that, for example, occasionally investigates an incident involving its own employees does not need a licence. The HR staff involved therefore don’t need an identification card either (Art. 43 PIA). By contrast, a private investigation company or an internal department that carries out investigations on a structural basis does need a licence. According to the explanatory memorandum, such an internal department already exists as soon as investigation forms part of the duties of at least one employee. If the internal department has no licence, this can undermine the evidential value of the investigation and even lead to nullity (Art. 101 PIA). The distinction between occasional and structural is therefore very important.

Myth 3 — ‘Without rules in place, I can’t do anything right now.’

Fact: there is a transitional period, but no pause button. A two-year transitional period applies to the regulation on private investigations in the workplace. During that period, you can still conduct investigations without such a regulation. The other rules of the PIA, however, have applied since 16 December 2024. From 16 December 2026, however, a regulation is required for every investigation assignment concerning an employee, on pain of nullity (Art. 65 and 101 PIA). There is debate about occasional investigations carried out by the employer itself: more on that under myth 5. In any case, don’t wait for the first incident. A regulation that suddenly appears at that very moment may alert the employee concerned.

Myth 4 — ‘The regulation must be a collective labour agreement or an appendix to the work rules.’

Fact: the law does not prescribe a fixed form. The strict cascade system from an earlier draft has been dropped. The explanatory memorandum mentions a collective labour agreement, an appendix to the work rules or a decision of the works council. Legal literature also recommends a policy. This is more flexible: concluding a collective labour agreement or amending the work rules requires a formal procedure. Free in form does not mean non-committal in approach. It is best to inform and consult the works council beforehand or, if there is none, the trade union delegation. Briefly record the consultation in the minutes and keep proof that employees have been informed. This can be done through onboarding with a signed acknowledgement of receipt, email or the intranet. Does the regulation also change the authority or powers of managers? Then check whether the work rules are still sufficient.

Myth 5 — ‘If I’m not an internal department, the rules don’t apply to me.’

Fact: not needing a licence does not mean anything goes. Even if, as an employer, you only occasionally investigate an incident yourself, you must comply with rules. The PIA contains rules of conduct for, among other things, interviews, observation and entering non-public places. You must also respect the applicable privacy rules: the GDPR, CLA No. 81 for email monitoring, and CLA No. 68 and the Camera Act for camera footage. Do you then also have to keep all the administration of a licensed investigation department? There is debate about this for occasional investigations by the employer itself. This concerns a regulation, a document recording the investigation assignment or an assignment register, and also an investigation file that is kept for three years. Article 65 PIA is in fact addressed to the “assignment holder”. Part of the legal literature therefore distinguishes according to the situation. The cautious approach? As an employer, draw up at least a regulation in any case, even if you only occasionally investigate yourself.

Unsure whether your approach falls under the PIA? Discuss it with a legal adviser before you start your investigation.

From knowing to doing: 5 steps

1. Map out your investigations. Do you investigate an incident now and then, or does it happen structurally? Determine whether you have an internal department and whether a licence is needed.
2. Put your approach on paper. Set out in a regulation or policy when you investigate, who does so, which methods are permitted, how you store data and what happens after the final report.
3. Involve the social partners. Inform and consult the works council or, if there is none, the trade union delegation. Record the consultation in the minutes.
4. Bring your employees along. Inform them about the regulation and keep proof, for example through a signed acknowledgement of receipt, email or the intranet.
5. Align your policies. Align your IT, email, camera and privacy policies with the PIA, CLA No. 81, CLA No. 68, the Camera Act and the GDPR.

Ready for investigations and for 16 December 2026?

You don’t have to figure this out alone. Our experts help you with a suitable regulation, consultation with the social partners and an investigation procedure that complies with the rules. Get in touch via info@pkfbofidilegal.com or your regular contact person.

This article was written by Lotte De Wit.

Source: Act of 18 May 2024 regulating private investigation (Belgian Official Gazette, 6 December 2024).