In Short
The Situation: The Belgian legislature
recently adopted a new act on private investigations
("Act").
The Result: The Act has major implications
for companies doing business in Belgium, as it provides for new
rules and formalities to be complied with in case of internal
company investigations.
Looking Ahead: Companies need to review
their current practices on internal investigations and put in place
the necessary measures and policies to ensure compliance with the
Act. Failing to do so may render evidence obtained via an internal
investigation unlawful and inadmissible in court, in addition to
other possible sanctions.
On December 16, 2024, the Act entered into force.