Rules and Regulations i.a.w. § 2 of the BDD Statutes¹

Preface
The German professional private investigator - in the sense of law a tradesman - is not entitled to any legal privileges or special rights in the practice of profession. He does not pursue any official or authoritative functions. His professional rights and obligations result from common law and regulations as well as from corresponding jurisdiction.

Due to his professional tasks and activities, he nevertheless assumes a confidence and special position combined with high responsibility in law and business life.

All valid regulations applying to the work of private investigators are of a private character. This private legal status releases from the obligation to prosecute, to which the authorities of prosecution are imposed.

In his professionalism, the private investigator serves by the protection of the legitimate interest of his clients the establishment of truth and therefore justice.

The status of the private investigator and the execution of his profession is regulated by the below stated professional rules and codes of conduct in addition to the corresponding legal prescriptions and ordinances.

These rules of conduct reflect the current interpretation of the profession, they cannot be definite and complete, however.

These rules and regulations do not dispense the private investigator from his obligation to act according to his own sense of responsibility.

His conduct must comply with the spirit in the guidelines as far as questions of the profession are concerned. In addition to that he should avoid seeming acting against the present rules and regulations.

These rules and regulations also apply to employees and freelancer in the private investigator profession. The executive committees of the professional associations acknowledging the present rules and regulations will engage their members to adhere to them and will advise their members in questions concerning the legal status.

A General obligations deriving from the profession

§ 1 The private investigator has to execute his profession conscientiously with profession usual care and the care of a reliable businessman.

§ 2 The private investigator has to pursue the perception of legitimate interests of his client entrusted to him after the best of his knowledge, decisively and with utmost impartiality making use of all legal means and possibilities available to him. The commissions and omissions of the private investigator must always take into account the clients interests and he has to avoid anything which might endanger the clients judicial status.

§ 3 The private investigator has to acquaint himself by regularly and carefully study of the relevant regulations as well as the jurisdiction and also relevant professional literature with details on his rights and obligations at the practice of his profession, as well as new findings, methods, scientific and technical resources useful for the profession. A private investigator neglecting this, chances the endangering of his clients interests and thus fails in his duty. Ignorance doesn't offer protection at infraction of professional duties.

§ 4 The private investigator is a confidante. He is obliged to an absolute discretion in contract matters as far as prescriptions of the prevailing criminal law don't stand contrary to it. The same applies to confidential sources of information, informants or references. Whenever the confidential treatment or concealment has been assured, this guarantee strictly has to be adhered to. Such assurances have therefore to be refrained if their compliance seems not ensured. As far as matters of contract or lawsuit are concerned form which subsequent juridical actions have to be expected, only such sources of information and informants may be assured of confidence which can be dispensed with as witness or evidence without endangering the clients interests. The obligation for the discretion lasts out also after the contract has been executed, applying also to the private investigators relations and relatives. The private investigator is obliged to consider carefully if and to what extend members of the staff being involved, can be informed.

§ 5 In practising the profession and on all other occasions, the appearance of an official or authoritative function has to be avoided in the own interest.

§ 6 At interview of witnesses the appearance of an inadmissible influencing of the witness also has to be avoided.

§ 7 Every literary and rhetorical activity of the private investigator must be relevant and worthy under special attention of the interests of the complete profession.
This applies also to the appearance opposite press, radio, television and other publication media.

§ 8 Whenever participating in publications (except for pure professional literature) concerning professional activity, strictest scale of professional discretion has to be used. On behalf of loyalty and the profession the discretion obligation also extends in profession typical procedures, methods and means.

§ 9 Inside and outside the profession, the private investigator, by means of impeccable conduct and appearance, must always be worth the confidence and respect paid to him and necessary for the profession.

§ 10 An instruction of the client cannot justify a breach of the professional code.

B Behaviour towards colleagues and the association

§ 11 Owing to the professional obligation of loyalty, the private investigator may under no circumstances imperil the standing of the profession through his behaviour and/our deficient execution of an order. In case of any conflict between the consideration of colleagues and the interests of the client, the latter` s interest will be given priority. Prejudiced attacks upon a colleague will mean a breach of the rules and regulations.

§ 12 The obligation of loyalty requests orders from colleagues to be executed with the same care and on time just as own matters and at the same time, the concession of sharing the costs which is usual among colleagues. Even when dealing with colleagues, an adequate advance payment will be made with the order if necessary. As a matter of principle, settlement of a colleague` s bill is due once the order has been executed. Different arrangements are admissible.

Taking steps against Colleagues

§ 13 Each private investigator undertakes to watch that no breach of rules is committed by any other colleague. Whenever a private investigator thinks that a colleague proceeds in a way offending the rules, he should make him get aware of that offence.

§ 14 Should the hint not entail any success, a written complaint asking for remedy or disciplinary measures may be sent to the executive committee of the association.

§ 15 The corresponding bodies of the association undertake to immediately check the state of affairs and see to adequate remedy.

§ 16 Before laying an information against a colleague or taking legal steps, the private investigator will inform the executive committee of the association so that the latter may interfere if possible, the same applying to law-suits among colleagues.

Differences or misunderstandings among colleagues

§ 17 For all further differences among colleagues, those involved undertake to come to an amicable settlement and if necessary ask for advice from colleagues who are in their confidence. Should the effort to reach an amicable settlement be in vain, the parties involved will have to ask the executive committee of the association for conciliation.

Grievances Procedure

§ 18 As far as matters of supervision and complaint are concerned, private investigators being under the obligation of the rules and regulations, will inform the executive committee on time and submit the available file on request.

§ 19 Should either a colleague or client complain of the execution of an order, the price or behaviour of a private investigator, the complainer - before starting any investigations - will be requested to dispense the private investigator complained of from the professional discretion  before the executive committee of the association appealed to.

§ 20 The examining bodies undertake to conceal any facts which might get known during the investigation and which range under the professional discretion of the private investigator involved towards his corresponding employer or which represent a business-secret.

§ 21 Whenever, in dealings with colleagues, failures in the execution of orders get noticed, which evidence insufficient skill, breach of the rules and regulations or negligence in the execution of the placed order, the executive committee of the association will be informed in writing and at the same time requested to remedy in the interest of the profession.

§ 22 As far as dealings with colleagues are concerned, failures in the adequate execution of orders, behaviours unlike a colleague, actions endangering the reputation and consideration of the profession, as well as differences which could not be settled according to § 17 of the rules and regulations, will justify the complaint and request of disciplinary measures.

§ 23 Complaints about colleagues have to be sent in writing, officially signed and in Triplicate to the executive committee of the association. Concerning all complaints (about colleagues and of third parties), the relevant bodies of the executive committee undertake to inform the colleague in question of the contents of the complaint, asking him to comment on it within a given period of time and to check the state of affairs objectively and impartially.

§ 24 Should there be any founded professional or personal failures, the competent bodies of the executive committee will be obliged to determine whether the person of the colleague complained of, his experience and execution of the profession can guarantee the immediate remedy to the failures. The investigation evidencing severe, mainly very negligent, partly deliberate or deliberate breaches of the professional duty to be careful and/or loyal with respect to contrasts or the like endangering the repute of the profession, the exclusion from the association will be admissible.

C Conduct with respect to authorities and court

§ 25 Whenever dealing with authorities and courts personally or in writing concerning orders or personal matters, the private investigator will always take into account that he does not only represent himself but also the profession. The same will apply even more when the private investigator has no witness before court. He must then always take into consideration that court and the public will have higher expectations concerning his statements than those of other witnesses as far as truth, precision and complement are concerned.

§ 26 In requests for information to courts, authorities, officials and persons of a comparable status, lawyers and doctors, the relevant obligations and rules obliging them to discretion and professional secrecy will be respected.

§ 27 Except for the punishable non-accusation of imminent crimes according to § 138 of the Penal Code, the private investigator is not obliged to inform the authorities of prosecution (police, public prosecutor` s office) of any delicts in the sense of the Penal Code or other laws, provided the facts of the case do not mean assistance subsequent to offences or crimes (§ 257 of the Penal Code). When dealing with any authorities of prosecution the binding regulations of § 163 of the Code of Cr. Procedure are to be taken into account. Whenever informing official belongings to the authorities of prosecution, it must be checked whether the logic consequences which the information may entail are in the client` s interest. Should that not be the case, any information will have to be avoided which might place the official concerned in a personal conflict.

§ 28 In case of official objections to the execution of the profession which seem unjustified as well as in case of important misunderstandings between the authorities and the private investigator with respect to professional matters, the private investigator will confidently, but at the same time objectively and impeccably stand for his rights. If necessary he can appeal to the association for settlement and conciliation.

D Relations with clients

§ 29 Any terms of contract or arrangements in connection with an order which do not comply with the principles of loyalty and trust or good manners are to be considered a breach of profession. It seems appropriate to make use of the terms authorized by the association. In cases of doubt, the executive committee of the association will give information.

§ 30 The private investigator executes a „job subject to remuneration“ as part of a contract of service. With respect to the order and its execution §§ 611 and subs. Of the Civil Code (contact of service) and §§ 663 and subs. Of the Civil Code (order) will apply. For information (special information) a labour contract as per § 631 of the Civil Code may exist.

§ 31 The power of attorney given to the private investigator for his activity will exclusively depend on the fair interest of the mandator. The power of attorney will never exceed the extent of the fair interests of each particular mandator.

§ 32 The fair interest of the client has do be checked with utmost care.

§ 33 It will be inadmissible and severely contrary to the professional etiquette to execute orders which show the risk of illegal and/or unconstitutional use of the reporting even when applying the usual care and precaution. When receiving the order, the private investigator has to make sure by corresponding agreements that his activities, information and reports will not be misused.

§ 34 Orders generally have to be confirmed with reference to the terms of business.

§ 35 The private investigator undertakes to immediately notify the client, should he not accept the order.

§ 36 Whenever the private investigator perceives that he might not be able to execute an order expertly as a result of lack of special knowledge, skill, personal or technical means necessary for the order, it is up to him to get in touch with adequate colleagues (on a co-operation basis) or to refuse acceptance of the order. Any private investigator acting differently, chances to endanger the client`s interests in a severely negligent if not deliberate way. Such behaviour is contrary to the professional etiquette.

§ 37 Agreements must be complied with punctually. Periods and dates agreed to, particularly with respect to legal cases have to be adhered to with strict accuracy.

§ 38 Professional discretion: please refer to § 4 and also § 26.

§ 39 The relationship between the private investigator and his client is subject to loyalty, thus acceptance or continuance of an order will be excluded in any case in which loyalty cannot be maintained.

§ 40 The private investigator may not become active whenever having already been or being so for another party concerning one and the same matter but opposite interests. The private investigator also has to avoid any probable conflict of interests.

E Reporting

§ 41 The private investigator has to be strictly true and loyal towards his clients, however taking into account the obligation to protect confidential sources of information (see § 4/II, III).

§ 42 The wording of reports has to be objective and to the point, so that it will withstand any examination by judges and that the facts contained in them can be affirmed by oath in the case of action. On principle, reports have to be in writing, exceptions being admissible. The reporting must be clear, distinct, impeccable in style and without mistakes. Reports on inquiries and information should be clear and unmistakable so that even individuals without special skill can understand their contents. Conclusions and suppositions must clearly differ in style from determinations of facts.

§ 43 For observations and supervisions, exact time-reports have to be issued in any case allowing the disclosure of the whole course of the action. Names of places, names and addresses must be given completely and exactly. Should it be necessary, photos and other evidences will have to be enclosed or attached.

F Prices and invoicing

§ 44 In general, the price or amount is subject to agreement between the private investigator and his client.

§ 45 Upon acceptance of an order, unmistakable and clear agreements have to be made as far as the costs are concerned. Those agreements should be made in writing. The private investigator is entitled to make the acceptance and execution of an order dependent on the settlement of an adequate advance payment.

§ 46 Usually payment is based on the time needed plus expenses and charges involved which will be evidenced or on a lump sum to be agreed upon. It is also admissible, however somehow unnatural, to agree upon a contingent fee as the private investigator cannot guarantee any „success“ of his activity.

§ 47 Any agreement exploiting the need, levity or inexperience of the client means a breach of professional etiquette. The same breach would be concerned should the private investigator, i. e. he himself or third parties except or accept financial or property advantages the value of which would exceed the services rendered to such an extant that, in view of the circumstances, those advantages would mean an obvious incongruity with respect to the services.

§ 48 The agreement concerning price and remuneration has to be „adequate“ to the services rendered. The principles established in proceedings for the refund of charges and the amount considered „adequate“ by the jurisdiction may serve as a yard stick.

§ 49 As far as the quotation and invoicing are concerned the following must be clearly differentiated
a) remuneration,
b) relevant expenses,
c) charges involved (food, accommodation) and travelling expenses. The relevant expenses include the use of a vehicle and technical means as well as cash expenses and charges in connection with trustworthy charges.

§ 50 With respect to the use of vehicle, a rate for each kilometre/mile driven has to be agreed upon. For the use of parked vehicles, a lump sum based on the time of use, is admissible should such use not have already been taken into account for the rate per hour. Additional costs of vehicles are not admissible.

§ 51 The charging for the use of technical appliances (e. g. camera, tape recorder, radio equipment etc.) has to be agreed upon.

G Practical Life

§ 52 Advertising: The private investigator may make use of all the available media, however has to obey strict trustworthiness as far as the content of such advertisements is concerned, i. e. adverts must be serious and objective. Unfair advertising is not allowed, this also applying to the use of inadequate, misguiding and questionable firm-names or trade marks. The same will also apply to the outlay of sheets of letter-paper, cards and dies as well as telegram and telex addresses.

§ 53 For purposes of publicity and business relationships it will always be inadmissible to make reference to offices held in professional associations.

§ 54 It is admissible and also wanted that reference is made to the membership in any such associations, including foreign, complying with the local legal regulations (entry in the register of associations and the like).

§ 55 On principle, it is forbidden to hold and use inadmissible and imaginary titles (particularly home and foreign ranks used by the army and police) as well as the expression „certified private investigator”.

H Relation to staff and assistants

§ 56 The private investigator must always maintain his full personal and financial freedom and independence as far as his relation to staff and his assistance is concerned.

§ 57 The private investigator undertakes to be careful and conscientious when selecting, training and supervising his staff and assistants.

§ 58 The assistants and staff members will, preferably in writing, be obliged to comply with the legal regulations and regulations of the profession. The private investigator is asked to supervise the professional activities of his assistants with the care of a diligent businessman.

§ 59 Liability: With respect to the relationship to his staff and assistants, the instructions and regulations of §§ 278 and 831 of the Civil Code will be applied.

§ 60 The private investigator must at any time be a good example to his staff and assistants and also be fair and benevolent superior, this including the responsible care and prudence in the training and continued training of employees.

§ 61 The private investigator undertakes to carefully comply with all his obligations serving the social security of his staff, including the arrangements necessary to protect life and health. The legal regulations concerning safety measurements have to be respected and complied with.

§ 62 The loyalty of employees and independent assistants in connection with the private investigator is subject to serve requirements. This loyalty which may only be justified for occasional co-operations, engages the assistant to honourable conduct and careful performance. He undertakes to avoid detrimental actions, to pay respect, keep secret, warn of dangers, report and renounce to competition. The obligation to keep secret and safeguard business-secrets will be maintained subsequent to the execution of a job.

§ 63 Accounting and filing:
The private investigator undertakes to comply with and adhere to the current national rules and regulations on „Accounting and the obligation of supplying information of inquiry agencies and reference agencies incl. Private investigators“ in the up-dated edition.

§ 64 The clear preparing and maintaining of files and records is a must. The arrangement of files and records is considered clear when an expert third party can find his/her way in an adequately short period of time.

§ 65 Order files and their corresponding correspondence and documentation have to be kept in such a way that access is only possible to authorized persons.


 ¹ Also recognized by  other German Private investigator associations