From 16 November, International Fraud Awareness Week highlights the critical need for robust fraud prevention and effective investigation processes. For Belgian employers, this is also the perfect moment to revisit a major legal development: the Private Investigations Act, which has been in force for almost a year now.
This law has far-reaching implications for HR processes, especially when conducting internal investigations. Key points to keep in mind:
- License required for internal investigation units and investigators (with limited exceptions for incident investigations conducted by HR).
- Detailed requirements in respect of processes, mandatory governance documentation, and adequate recording of investigations and investigative actions.
- Strict limits on investigative methods (e.g., interviews, email searches).
- Pitfalls for HR processes, e.g., interaction with employment law rules, risk of a dismissal for serious cause being invalidated due to a preceding investigation falling foul of the new law, etc.
Failing to respect these rules can seriously undermine your ability to act decisively in cases of employee fraud or misconduct. Now is the time to review your processes and ensure they align with the new legal framework.