In Belgium, the private investigation sector is tightly regulated to both protect citizens’ rights and ensure the quality of investigative work.
Since the previous law dated back to 1991, a new Private Investigation Law came into force on 16 December 2024. This law now provides the legal framework for private investigations. It sets strict conditions for both individuals working in the sector and for companies that wish to carry out investigations via internal services. It also clearly defines the role of the Data Protection Officer (DPO) in private investigation services.
Comment pouvons-nous vous aider ?
À la recherche d’un DPO en tant que détective privé ?
1. Conditions for Working as a Private Investigator
To operate as a private investigator in Belgium, you must meet a series of strict conditions. These requirements exist to prevent unqualified or untrustworthy individuals from performing sensitive investigative tasks. Key conditions include:
Age & nationality: You must be at least 21 years old, be a citizen of a country in the European Economic Area (EEA) or Switzerland, and have your primary residence in the EEA or Switzerland.
Criminal record: A clean record is essential. Individuals with convictions suggesting a lack of integrity or reliability are excluded.
Education: You must have completed appropriate training.
Suitable profile: Investigators must demonstrate respect for fundamental rights and freedoms, integrity, loyalty, discretion, and no suspicious ties to the criminal underworld.
Licensing: Every private investigator must obtain a licence from the FPS Home Affairs, which is only granted after a positive screening.
Failure to comply can result in fines, professional bans, or criminal prosecution.
2. The Role of the DPO in Private Investigations
A Data Protection Officer (DPO) plays a critical role in private investigation organisations. Given the sensitive nature of the work—handling personal data, data protection is essential. The DPO is responsible for:
Monitoring GDPR compliance: Ensuring all data processing activities align with GDPR and the precautionary measures under the Private Investigation Law (WPO).
Providing advice: Guiding private investigators on GDPR obligations, data subject rights, appropriate security measures, and responsible data handling.
Acting as point of contact: Serving as the contact person for the Data Protection Authority and individuals exercising their data rights.
The WPO requires all private investigators to appoint a DPO. Even solo investigators who wouldn’t otherwise be obliged under GDPR must still appoint one under this law.
3. Deadline to Get Licensed: Don’t Wait Too Long
A key element of the new legislation is the legal deadline to apply for and maintain a valid licence. It is illegal to conduct private investigations in Belgium without one.
New applicants must submit a complete application before starting any activity.
Existing investigators must apply for their licence by 16 June 2025 at the latest.
Final Thoughts
The Private Investigation Law isn’t just about preventing abuse or misconduct. It aims to professionalise the sector. If you’re considering a career as a private investigator, or you’re already active in the field, it’s crucial to understand and meet the legal requirements.
A well-trained investigator, backed by a skilled DPO and holding a valid licence, helps build a trustworthy and ethically sound sector.
Are you a private investigator, or thinking of becoming one?
Make sure you meet the deadline for your licence and your GDPR obligations.
Need a DPO to meet the requirements? Get in touch, we’re happy to explore how we can help.
