Reminder: internal policy on private investigations required by 16 December 2026

Since the entry into force of the Private Investigation Act on 16 December 2024, employers must take new rules into account when conducting internal investigations (e.g. in cases of suspected fraud or misconduct). One obligation stands out in particular: the adoption of an internal policy on private investigations.

What does this obligation entail?

When an employer conducts an investigation involving an employee, this is now only permitted if:

(i)              the possibility to conduct such investigations, and

(ii)            the applicable rules and modalities are clearly and transparently set out in an internal policy.

Without such a policy, the investigation risks being declared null and void, meaning that its results cannot be used, which may have far-reaching consequences, for example in dismissal cases.

By when must this be in place?

All employers, regardless of their size, must have such a policy in place by 16 December 2026 at the latest.

Important: the other provisions of the Act have already applied since December 2024.

What must the policy include?

The legislation itself contains limited concrete guidance on the content of this policy. However, the explanatory memorandum clarifies that the policy should primarily ensure transparency towards employees and provide a clear framework within which investigations can be carried out.

In practice, this means the policy should at least specify in which situations an investigation may be conducted, who will carry it out, and which investigation methods may be used (such as interviews, IT checks or the review of camera footage). It should also outline employees’ rights during an investigation, describe the possible consequences, and explain how the employer handles privacy and personal data.

In other words, the policy forms the legal basis allowing the employer to organise investigations in a proper and GDPR-compliant manner.

How should the policy be implemented?

Employers are free to choose the format. In practice, we recommend opting for an internal policy, as it is:

• easier to amend than work rules or a collective bargaining agreement;
• quicker to implement.

Although not strictly required, it is advisable to organise prior social consultation and to properly inform employees (e.g. via intranet or onboarding).

Why act now?

The new obligations are playing an increasingly important role in labour case law, meaning that late implementation entails clear risks: invalidated investigations, exclusion of evidence, difficulties in cases of summary dismissal, and potential GDPR breaches.

Do not wait until an incident occurs.

Takeaway

The internal policy on private investigations is becoming a key HR and compliance tool.

• Employers are well advised to prepare this in a timely and thoughtful manner, ensuring they can continue to conduct legally sound internal investigations after 16 December 2026.
• Feel free to contact us for assistance in drafting your internal policy.