
Jan Hofkens
Employment
Health
Fraud and internal investigations
Collective redress or class actions
Business Criminal Law
jan.hofkens@lydian.be
In our previous posts on the Act on Private Investigations (see here, here and here), we explained the main topics of this new Act. To conclude this Fraud Awareness Week, we will give some tips and insights on how to properly prepare a company for this Act.
The Act has not entered into force yet. It is expected that the Act will be published in the Belgian State Gazette and enter into force over the coming weeks.
The legislator took, to some extent, the significant impact of the Act into account by providing some transitional provisions. For instance, and subject to compliance with certain conditions, companies or internal services carrying out private investigations will be given a 6-month period to apply for a license after the Act enters into force. Without the proper training and an identification card, employees of these companies or internal services are allowed to conduct their activities for an 18-month period. Principals/employers wishing to carry out a private investigation concerning an employee, will enjoy a 2-year period to draft or adopt their policy on private investigation in the workplace.
This does not mean that today no preparation or action can be taken as an organization. As fraud incidents and other (criminal) incidents are sadly taking place, organizations need to be able to deal with these facts once they occur.
In preparation of this new Act, we recommend the following guidelines for organizations and HR-services:
In case of questions, do not hesitate to reach out for more information.
Employment
Health
Fraud and internal investigations
Collective redress or class actions
Business Criminal Law
jan.hofkens@lydian.be
Commercial law
Dispute Resolution
Ports and Logistics
Insolvency and Restructuring
Fraud and internal investigations
Business Criminal Law
yves.lenders@lydian.be
Business Criminal Law
Fraud and internal investigations
Dispute Resolution
stijn.lamberigts@lydian.be
Business Criminal Law
Dispute Resolution
Fraud and internal investigations
marie.vanbelle@lydian.be