In Belgium, the private investigation sector is strictly regulated to both protect citizens’ rights and ensure the quality of investigative work. Since the previous legislation dated back to 1991, a new Private Investigation Act came into force on 16 December 2024. This law forms the legal backbone of private investigations. It imposes strict conditions on individuals who want to work in this field and on companies that wish to conduct internal private investigations. It also precisely defines the role of the Data Protection Officer (DPO) within private investigation services.
1. Conditions for Private Investigators
To operate as a private investigator in Belgium, you must meet a series of strict requirements. These requirements are designed to prevent individuals without the necessary integrity, training, or experience from performing sensitive detective work. Key conditions include:
Age and nationality: The applicant must be at least 21 years old, a national of a member state of the European Economic Area or the Swiss Confederation, and have their main residence within those regions.
Criminal record: A clean criminal record is essential. Individuals with convictions that indicate a lack of integrity or trustworthiness are excluded.
Education: The private investigator must have completed appropriate training.
Desirable profile: The private investigator should exhibit a desirable profile, characterized by respect for fundamental rights and freedoms, integrity, loyalty, discretion, and the absence of suspicious ties to the criminal world.
Licensing requirement: Every private investigator must obtain a license from the Federal Public Service (FPS) Interior, granted only after a positive screening.
Failure to comply with these rules can result in fines, a professional ban, or criminal prosecution.
2. The Role of the DPO in Private Investigations
The Data Protection Officer (DPO) plays a crucial role in organizations involved in private investigation. Due to the nature of the work — collecting sensitive personal data — data protection is a core responsibility. The DPO’s tasks include:
Monitoring compliance with the GDPR and the precautionary and control measures outlined in the Private Investigation Act (WPO).
Advising private investigators on their obligations and data subjects’ rights under the GDPR, on implementing appropriate security measures, and on handling sensitive data correctly.
Point of contact: The DPO serves as a contact point for the Data Protection Authority and for individuals with questions about their data rights.
Importantly, the WPO mandates that every private investigation entity must appoint a DPO. This includes solo private investigators who would not otherwise be required to do so under the GDPR.
3. Licensing Deadline: Stay Compliant in Time
A key point of attention is the legal deadline for applying for and maintaining a valid license. Without a license, it is illegal to conduct private investigations in Belgium.
New applicants must submit their complete file before starting any activity.
Existing private investigators must apply for their license by 16 June 2025 at the latest.
Conclusion
The Private Investigation Act aims not only to prevent abuse and arbitrariness but also to professionalize the activities of private investigators. Anyone aspiring to become a private detective or already working in the field should thoroughly understand the legal requirements. A well-trained investigator, supported by a competent DPO and holding a valid license, contributes to a trustworthy and ethically sound sector.
Are you a private detective or considering this profession? Make sure you’re compliant with your license and GDPR obligations before the deadline.
Need a DPO to apply for your license? Don’t hesitate to contact us — we’re happy to explore the possibilities with you.
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