31 January 2025

New legislation for Private Investigators – What is changing?

The legislation regarding private investigators (formerly private detectives) was updated on May 18, 2024. This change brings more clarity and stricter guidelines to better regulate the profession of private investigators. What does this mean for you as a client? And what changes for the sector? Below are the key changes:

From Private Detective to Private Investigator
One noticeable change is the naming. The term "private detective" is replaced by "private investigator" to emphasize the professional and legal framework in which investigators operate. This helps reduce misunderstandings and clarifies that all investigations take place within a strict legal framework.

Stricter Licensing Requirement
Every private investigator must hold a valid license from the Federal Public Service Interior. The application and renewal procedures have become stricter and require:

• Thorough background checks
• Training requirements and ongoing education
• Strict compliance with GDPR and privacy laws

Without this license, investigations cannot be carried out.

Transparency and Legal Limitations
There are clearer rules regarding what investigations may be conducted and how:

• Observations: Limited to a maximum of 4 days (96 hours) per month per person involved.
• Use of technology: Stricter rules on the use of cameras and other surveillance equipment.
• Notification requirement: In certain cases, the client or the person under investigation must be informed about the investigation.

Contractual Obligations
Every assignment must be documented in a written investigation agreement. This document must include:

• Purpose and legality of the investigation
• Duration and nature of the work
• Costs and billing transparency
• Confidentiality obligations and reporting

Without a properly drafted contract, an investigation is not legal and penalties may apply.

Collaboration with Subcontractors
When a private investigator works with subcontractors, these must:

• Hold a valid license
• Adhere to the same confidentiality and legal obligations
• Be pre-approved by the client

Privacy and GDPR Compliance
Since private investigators often handle sensitive personal data, the new legislation imposes stricter rules on:

• Storing and destroying collected data
• The rights of individuals (access and correction of data)
• Security and confidentiality of files

Non-compliance with GDPR rules may result in heavy fines.

Impact on Clients
For you as a client, there is little change in the practical operation, but you can expect:

• More legal certainty that investigations are conducted correctly and legally
• More transparent contracts and pricing structures
• Stricter protection of your personal data

Requirement to Appoint a DPO (Data Protection Officer)
The protection of personal data is even more strictly regulated. Some private investigation firms must appoint a Data Protection Officer (DPO), depending on the scale and nature of data processing.

What does a DPO do?
A DPO ensures GDPR compliance and that all personal data is processed securely and legally. This includes:

• Advising on privacy policies and procedures
• Overseeing the implementation of privacy measures
• Reporting data breaches to the Data Protection Authority
• Training staff on privacy matters

Conclusion
The new legislation professionalizes the private investigator sector and increases transparency and legality of investigations.

At JOCO INVESTIGATIONS, we are currently working hard to implement the necessary adjustments to fully comply with the new legislation. We ensure that all processes and procedures meet the highest legal and ethical standards required by the law. We are upgrading our methods to ensure that every investigation we conduct complies with the stricter requirements, such as obtaining the proper licenses, adhering to GDPR rules, and implementing necessary contractual obligations.

Our focus is on ensuring transparency, reliability, and strict legal compliance, so we can continue to provide you with the best possible service in the future.

Do you have questions about an investigation or want to learn more about the legislation? Contact us, and we’ll be happy to help!