.jpg?width=727&resizemode=force)
What is meant by private research activity?
A private research activity is one that meets the following conditions:
- The activity is carried out by a natural person on behalf of a principal.
- The activity involves collecting information obtained through processing data related to natural or legal persons or concerning the specific circumstances of the acts they have committed.
- The results are used to protect the interests of the principal in a potential or existing conflict.
As an employer, this includes your internal investigations, such as those related to theft or fraud. However, investigations conducted under legal obligations do not fall under this law (for example, independent research by a prevention advisor under legislation on protection against violence and moral or sexual harassment at work, or investigative activities under whistleblower regulations).
Additionally, the following elements should be noted:
- The agent may only accept a mission if the principal has legitimate interests in the results of the private research.
- Certain areas of investigation are explicitly prohibited (such as political beliefs, religious convictions, sexual orientation, health data, etc.).
- Certain research activities are not considered as private research (for example, the professional activities of notaries, lawyers, journalists, etc.).
Good to know
In the context of recruitment, a simple contact by the HR department with former employers or references provided by a candidate does not constitute a private research activity.
Who are the authorized actors to conduct private research?
Private research activities can only be carried out by:
- Companies that conduct private research activities for third parties.
- The internal services.
Private research company
This refers to an external service provider that offers private research activities to third parties or conducts them on behalf of third parties.
Example
Private investigation firms, companies specialising in insurance investigations, and security companies that offer investigative services.
Private research companies are subject to several obligations:
- They must obtain a specific authorisation from the Minister of the Interior to operate legally.
- They must comply with strict conditions regarding their structure, organisation, and working methods.
- They can only employ individuals who possess the required qualifications and authorisations to perform the role of private investigator.
Internal service
The internal private research service refers to a service that:
- Carries out research activities for its own needs.
- Organises research activities in a structured manner, meaning that the activity is part of the tasks of at least one employee.
These services must also be authorised, but benefit from an adapted regime (simplified authorisation procedure, adapted qualification requirements, reduced administrative obligations, etc.).
Note
As an employer, members of your HR department who carry out research activities concerning your employees for your own needs in the context of an incident investigation must comply with the law but are exempt from authorisation and identification card obligations.
What are the steps of a private investigation?
In general, a private investigation must be conducted according to a rigorous methodology.
Investigation mission document
Every mission must be subject, before its execution begins, to a written investigation mission document in two copies signed by the principal and the agent. This document includes:
- The identity of the principal.
- The identity of the agent.
- A precise description of the mission.
- A clear and explicit description of the legitimate objectives of the principal.
- The presumed duration of the mission.
- Confirmation that the principal has been informed by the agent about the content of the law of May 18, 2024.
- When the investigation concerns one of your employees, reference must be made to the provisions of the regulation regarding the authorisation to conduct private research and the investigation modalities.
- Place, date, and signature.
Information collection
The private investigator may not perform any acts other than those deriving from the rights held by any person. Furthermore, they may not perform acts or use means, methods, procedures, or coercive measures legally governed for members of police services, security and intelligence services, judicial authorities, etc.
In their search for information, the investigator must ensure to limit any interference in the private life of the person who is the subject of the investigation as much as possible.
Moreover, certain acts are subject to prior information and/or consent from the person who is the subject of the investigation (e.g. interviews).
Investigation file
Once they have collected the necessary information, the investigator must establish an investigation file that includes:
- The documents referred to and other documents that have been established or obtained in the context of the investigation.
- A chronological overview of the private research acts performed.
- The methods and means used, as well as the justification.
- The names of the private investigators who carried out the private research and the notes they took.
Investigation report
No later than one month after the last act of investigation, a written report is transmitted by the agent to the principal.
This investigation report notably mentions:
- The start and end date of the investigation.
- The acts of investigation carried out, as well as the places and times they were performed.
- The conclusions of the private research and the documents supporting them.
What about private investigations of your employees?
Establishment of an internal regulation
If you wish to initiate private research activities regarding your employees, you must obtain authorisation to conduct these investigations and explicitly define the concrete modalities of the investigation in a "regulation."
This regulation must be:
- Developed in consultation with the employees or their representatives.
- Implemented before December 16, 2026.
As an employer, do not hesitate to contact your Securex Legal Advisor to obtain a policy template that meets legal requirements.
Calling on the internal private research service or a private research company
If, as an employer, you call upon your internal service or a private research company, the investigations will be carried out based on the steps presented above.
Calling on your HR department
If you call upon your HR department, two situations may arise.
Structural private research activities
If your HR department regularly and in an organised manner conducts private research activities on your employees, it is then considered an internal private research service. It must therefore have:
- An official authorisation, and
- An identification card, both issued by the Minister of the Interior.
Ad hoc investigation related to an incident
If the research activities are conducted structurally in the context of a specific investigation related to an incident involving one or more of your employees (e.g. suspicion of internal theft), your HR department is not required to obtain the aforementioned authorisation and card.
In both cases, these activities must be conducted in accordance with the rules mentioned in the previous question, except for exceptions provided by the regulations (see note below).
Therefore, in the case of a private investigation conducted by your HR department, attention must be paid to the following elements:
- Your employees must have been informed in advance of the possibilities of private investigations via an internal regulation.
- Your employee in charge of conducting the investigation (HR department member) is authorised to perform legitimate investigative acts (e.g. interviewing other employees or analysing video recordings at the workplace in case of suspicion of theft or infringement) and must compile an investigation file.
- A detailed investigation report must be provided to you by the agent.
Note
Your employee (HR department member) in charge of the investigation is not obliged to draft a mission document for the investigation. However, they must maintain a record of the missions including your name as the principal, a description of the assigned mission, as well as the start and end dates of the mission. This record must be kept for five years.
What does Securex do for you?
For any additional information on private research activities, do not hesitate to contact your Legal Advisor at: consultinglegal@securex.be.
Furthermore, an internal regulation regarding private research must be established by December 16, 2026. Once this deadline has passed, employers who have not established a regulation will no longer be allowed to call upon private investigators. The latter will then have to decline any requests made by the employer.
To assist you in this transition, we provide you with a model of internal regulation that complies with the new legal requirements. This document, developed by our legal experts, will enable you to structure your investigation activities while preserving the rights and private life of your employees.
