1. Does this obligation also apply to investigations carried out by your HR department?
Yes, it can. An investigation does not fall outside the Private Investigations Act simply because it is carried out by HR rather than by a specialised investigation team.
For example, where HR investigates suspected fraud, theft or other employee misconduct by interviewing colleagues, reviewing documents or examining CCTV footage, these activities may qualify as a private investigation.
The Act specifically takes account of HR investigations. HR staff investigating incidents involving employees benefit from certain exemptions from formal requirements, including authorisation and identification card requirements. However, these exemptions do not mean that the other requirements of the Act are automatically excluded, including the requirement to have internal regulations where applicable.
At the same time, not every HR activity is a private investigation. Routine HR activities remain outside the Act where they do not meet the legal definition of a private investigation or fall within one of the statutory exclusions.
Our recommendation: Employers whose HR teams may investigate employee misconduct should therefore ensure that the required internal regulations are in place.
2. What should your internal regulations contain in practice?
While the Private Investigations Act leaves employers flexibility as to the form and content of their internal regulations, it does require them to expressly and transparently provide for the possibility of conducting private investigations and the rules governing them.
With this in mind, we recommend that employers address the following points:
- When investigations may be conducted: for example, in cases of suspected fraud, theft, conflicts of interest or serious misconduct.
- Who may conduct investigations: such as a dedicated internal investigation service or an external private investigation firm.
- Which investigative methods may be used: including interviews, reviewing relevant documents or examining CCTV footage, subject to applicable legal requirements.
- Which safeguards apply: particularly employees’ rights, privacy, confidentiality and data protection requirements.
- What consequences may follow: including potential disciplinary measures or dismissal.
Failure to adopt the required internal regulations can have serious consequences. The obligation is prescribed under penalty of nullity, which may jeopardise the validity of an investigation and the use of its findings, particularly in the context of disciplinary proceedings or dismissal.
In principle, employers may adopt these regulations unilaterally, in the form of an internal policy, without necessarily incorporating them into the work regulations or a collective bargaining agreement. The Act does not require formal agreement with employee representative bodies on the regulations. Nevertheless, appropriate information and consultation within the usual social dialogue structures may apply.
Employers should also ensure that employees are properly informed of these regulations and retain evidence of their communication, for example through an acknowledgement of receipt or an email to staff.
3. When should you have the internal regulations in place?
As the legislation currently stands, employers must have their internal regulations in place by 16 December 2026. Unlike the other applicable provisions of the Private Investigations Act, which have been in force since 16 December 2024, this requirement was granted a two-year transitional period.
However, following concerns raised by employers about the practical application of the Private Investigations Act, legislative amendments are currently being discussed. Such amendments could, in particular, clarify the distinction between private investigations and ordinary HR activities and extend the deadline for implementing internal regulations.
For now, the 16 December 2026 deadline remains applicable. Employers should therefore continue preparing their internal regulations rather than wait for possible changes. Having them in place before an incident arises will also help avoid delays when an investigation becomes necessary.
