Private Investigations Act Series: Temporal, material and territorial scope

The Private Investigations Act (PIA), which entered into force on December 16, 2024, fundamentally modernized the framework for private investigation activities in Belgium. Its implications for businesses conducting internal investigations are far-reaching.  

In this series of dedicated alerts, we will cover all the major aspects of the PIA in detail, from its scope and key obligations to compliance action plans, interview conditions, GDPR interactions, sanctions, and the role of lawyers. 

In our first alert, we provided an overview of the PIA and listed a number of immediate action points for companies to consider. In this second alert, we examine the three main dimensions of the Act's scope: temporal, material, and territorial. Understanding precisely when, to what activities, and where the PIA applies is the universal, essential starting point.

1. Temporal Scope: the PIA is in force 

The PIA entered into force on 16 December 2024, replacing the prior 1991 Private Detective Act. However, it contained a number of transitional provisions, and one important exception to immediate applicability concerned the obligation on companies to adopt an investigation regulation.  

A two-year transition period gave employers more time to put in place their workplace regulation governing employee investigations. However, this transition period is coming to an end on 16 December 2026, and all companies should urgently review whether their investigation regulation is properly in place. 

2. Material Scope: a broad net with important nuances 

For the PIA to apply when private investigation activities are being performed, four cumulative elements must be present:  

1. the activity must be performed by a natural person;  
2. it must be on behalf of a principal;  
3. the activity must consist of collecting information either obtained through the processing of information about natural or legal persons, or regarding the circumstances of acts committed by them; and  
4. the aim must be to pass on that information to the principal, in order to safeguard its interests in an actual or potential conflict, or to locate missing persons or lost or stolen goods. 

One of the PIA's most important innovations is the expansion of its material scope. Under the PIA, "intra muros" information gathering is no longer excluded: internal investigations now fall within scope, including investigations performed by internal investigation services, audit or compliance teams, internal legal teams, and even HR departments. 

Where the scope ends: statutory exclusions 

Although the PIA's scope is broad, it is not unlimited. The law excludes a range of activities and professions from its reach, including those of notaries, attorneys, bailiffs, journalists, and statutory auditors. 

Activities carried out in fulfillment of a legal obligation or mandate may likewise fall outside the PIA's scope. Examples include the activities of a prevention advisor under legislation concerning psychosocial risks, and the activities of a whistleblowing officer under whistleblower regulations.  

The law also expressly excludes activities and professions specifically aimed at identifying, analyzing, and handling cybersecurity incidents. However, it should be noted that the list of exclusions is not exhaustive, and other activities or professions may equally fall outside the PIA's scope depending on the circumstances. 

The PIA also sets out certain prohibited investigation domains, which we will discuss in more detail in a next alert. 

3. Territorial Scope 

The PIA does not expressly define its territorial scope, and neither the statutory text nor the preparatory works clearly state in which geographic area the Act applies.  

Based on the structure and administrative requirements, the PIA appears primarily aimed at private investigation activities occurring on the Belgian territory. However, multiple provisions implicitly point beyond Belgium, including EEA-based requirements concerning operational seat and licensing, and these provisions suggest the PIA is designed around an EEA perimeter. 

This lack of clarity concerning territorial scope could create uncertainty in cross-border settings. In our view, the prudent approach is to apply the PIA whenever the investigation concerns a Belgian-based individual or company and there is a risk that the investigation’s findings may need to be relied upon as evidence before a Belgian court. 

Upcoming Client Alerts 

Upcoming client alerts to be published by the Crowell & Moring's Brussels team in this series will cover other key aspects of the PIA including: 

• Scope of the PIA (personal)  
• Key obligations under the PIA 
• Overview of permitted and prohibited investigative acts 
• Action plan for successful compliance 
• How to carry out a private investigation from start to finish 
• Conditions for the validity of an interview 
• Internal investigations and the GDPR 
• Sanctions for non-compliance 
• Interaction with other regulations 

For questions regarding how the Private Investigations Act may impact your organization's investigative practices, please contact Crowell & Moring's Brussels team.