The deadline is approaching: only 3 months left until the mandatory implementation of PIA-compliant regulations

On 16 December 2026, the transition period provided by the legislator for the implementation of internal regulations under the Private Investigation Act (PIA) will expire. As of that date, employers conducting private investigations concerning employees must have PIA-compliant regulations in place. In the absence of such internal regulations, the evidence gathered risks being declared null and void.

In a previous newsflash, we discussed the obligation to implement regulations governing investigations concerning employees by 16 December 2026 at the latest. With exactly three months remaining until this deadline, we wish to draw your attention to this obligation once again. Employers who have not yet taken any steps would be well advised to get started as soon as possible.

1. Reminder: to whom does this obligation apply?

The scope of application of the PIA is exceptionally broad. In practice, it applies to every employer, both in the public and private sectors.

As soon as an employer conducts, or may conduct, an investigation concerning employees – for example regarding fraud, theft, conflicts of interest, breaches of internal policies or (unfair) competition – it must have internal regulations in place which comply with the requirements of the PIA. The size of the company, the number of employees or the frequency with which investigations take place are irrelevant in this regard.

2. What must be included in the internal regulations?

The regulations must transparently set out that the employer may conduct investigations and must also include the detailed rules governing such investigations.

Neither the PIA nor the explanatory memorandum specifies what the internal regulations should contain. However, based on the objectives of the Act and the required transparency toward employees, we believe that the regulations should at least provide clarity on:

• the situations in which private investigations may be initiated; 
• the persons or departments authorised to conduct such investigations; 
• the manner in which private investigations are conducted; 
• the possible investigative measures, such as conducting interviews, searching workplaces, lockers, or company documents, analysing camera footage and geolocation data, etc.; 
• the possible consequences of a private investigation; 
• the rights of the employees concerned during and after the investigation.

3. Form: collective bargaining agreement, work rules or policy?

The PIA does not prescribe the form in which the internal regulations must be implemented. According to the explanatory memorandum, this can be done, among other options, through a collective bargaining agreement or the company’s work rules.

We believe it is defensible to implement the regulations through a separate policy that can be unilaterally drafted, implemented, and amended by the employer.

The Act does not require obtaining the approval of the consultation bodies, although we do recommend informing and consulting the relevant bodies (works council, trade union delegation or, in the absence thereof, the employees through direct participation) in advance.

In addition, employers must be able to demonstrate that employees were actually and adequately informed about the regulations. This may be achieved through a signed acknowledgement of receipt, or by publishing the regulations on the intranet, in combination with targeted communication to employees.

4. Risks of non-compliance

The PIA requires employers to have internal regulations in place, under penalty of nullity.

This means that evidence gathered after 16 December 2026 in the context of a private investigation without valid regulations in place will be considered unlawful and even non-existent. A court will be required to disregard the evidence obtained in that case. This could have far-reaching consequences for employers, for example when investigation findings are relied upon to support a disciplinary measure or a dismissal (whether or not for serious cause).

5. Whistleblower policy

Employers who have an internal reporting channel would be well advised to also review their whistleblower policy.

In practice, whistleblower reports often lead to an internal investigation of employees. Such investigations may fall within the scope of the PIA and must therefore be carried out in compliance with the rules and safeguards imposed by the PIA.

We therefore recommend aligning the whistleblower policy with the PIA regulations and explicitly referencing the applicable rules regarding internal investigations within the policy.

6. Possible extension of the transitional period?

According to various sources, a corrective bill aimed at amending certain aspects of the PIA is currently being prepared. This may include a possible extension of the transitional period for the introduction of the mandatory workplace regulations.

To date, however, no definitive legislative amendment has been adopted in this regard, nor has any draft corrective bill been published. Moreover, any such amendment does not appear to affect the obligation itself, but at most the deadline within which employers must comply with it.

Pending further clarification, we nevertheless recommend that you begin preparing the regulations now in order to meet the current deadline of 16 December 2026.

Action point

With only 3 months left until the deadline of 16 December 2026, now is the time to assess whether your organisation already has PIA-compliant regulations in place and whether the necessary communication towards employees has been provided.

If your organisation does not yet have such regulations, or if you would like your existing documentation reviewed for compliance with the requirements of the PIA (such as the whistleblower policy), we will be happy to assist you with the drafting and implementation of PIA-compliant documentation.