The new act maintains the core scope of private investigations but introduces refined definitions and exclusions. Private investigation activities are defined as those conducted by a physical person on behalf of a principal, with the aim of gathering information about individuals or entities to protect the principal’s interests. Notably, the act excludes certain professional activities, such as those of notaries, lawyers, bailiffs, journalists, and auditors, unless these professionals engage in activities beyond mere information gathering.
The new legislation mandates several formalities for private investigators, including the requirement for a mandatory license and identification card. Companies and internal services offering private investigation services must comply with stringent licensing conditions, ensuring they meet standards comparable to those in the private security sector. This licensing system aims to maintain a high level of integrity and professionalism within the industry.
The act sets clear integrity requirements for private investigators and their employers. Private investigators must not have any criminal convictions, except for minor traffic violations or breaches related to COVID-19 measures. Furthermore, they must be at least 21 years old and possess the necessary qualifications and experience as stipulated by the forthcoming Royal Decree. The act also emphasizes the importance of respecting fundamental rights, maintaining discretion, and avoiding any conflicts of interest.
The act introduces a robust regulatory framework for conducting investigative acts, emphasizing the protection of personal data.
Notably, investigators can only accept assignments if the principal has a legitimate interest in the investigation’s results. Additionally, investigative reports must be comprehensive, accurate, and limited to what is necessary for the investigation’s purpose.
Certain activities are explicitly excluded from the scope of private investigations under the new act. These include professional activities conducted by notaries, lawyers, bailiffs, journalists, and auditors, as well as activities that solely involve gathering information directly from the person concerned.
HR departments, internal auditors and compliance departments can be seriously impacted by this new law when conducting activities that could be considered as investigation.
Additionally, the act prohibits the use of certain information or documents obtained through criminal or illegitimate means.
Companies must ensure they are prepared to manage fraud incidents by having response plans, mapped data privacy requirements, and established relationships with external specialists. This involves maximizing the availability and usefulness of evidence, minimizing costs during incident response, and ensuring compliance with regulatory requirements.
In conclusion, the new legislation on private investigations aims to modernize and regulate the industry, ensuring that private investigators operate with integrity, professionalism, and respect for legal and ethical standards. Companies involved in private investigations should familiarize themselves with these new requirements and implement best practices to remain compliant and effective in their operations.
For further information or assistance, please contact Maarten Van Knippenberg at the provided contact details.
