Can I record a conversation?
A conversation you take part in yourself may be recorded — even without the other person's consent. Secretly recording someone else's conversation is forbidden. Under article 314bis of the Criminal Code, only recording a communication you do not take part in is punishable. Recording a phone call or a meeting you are present at is therefore not an offence (confirmed by the Court of Cassation). It is different for using or sharing it: even a lawfully made recording may not simply be shared publicly — that clashes with the right to privacy and the GDPR, and with the intent to harm you become punishable (art. 314bis §2). As evidence before a judge, a recording of your own conversation is often usable. Secretly listening to or recording others' conversations (that you do not take part in) is indeed an offence, punished with imprisonment and a fine.
📋 The rules
- Recording a conversation you take part in: allowed, even without consent (art. 314bis)
- Secretly recording a conversation you do not take part in: forbidden (art. 314bis §1)
- Sharing a recording, even a lawful one, with intent to harm is punishable (art. 314bis §2)
- Sharing clashes with the right to privacy (art. 8 ECHR) and the GDPR: a voice is personal data
- As evidence before a judge, a recording of your own conversation is often admissible
- A public official who secretly records: art. 259bis, with heavier penalties
🔓 Exceptions
- Only judicial measures (e.g. a wiretap ordered by an investigating judge) may record the communications of third parties
- The judge weighs the 'reasonable expectation of privacy' of the participants when deciding whether the recording may be used
- A public official who records secretly while on duty falls under a separate article (art. 259bis) carrying heavier penalties
⚠️ Penalties & fines
Recording a conversation you are not part of carries 6 months to 1 year in prison and a fine of 200 to 10,000 euros, to be multiplied by the surcharge factor. Misusing a lawful recording or spreading unlawfully obtained communications can run to 6 months to 2 years and 500 to 20,000 euros. What people do not see coming: merely sharing the file is enough to trigger a defamation complaint and a fine from the Data Protection Authority, because a voice is personal data. An unlawfully obtained recording also loses its value as evidence.
📎 Official sources
- ejustice · Criminal Code (art. 314bis, 259bis) →
- Data Protection Authority · citizen (privacy and recordings) →
- Rechtenkrant · may you record a phone conversation →
❓ Frequently asked
May I record a phone call?
Yes. If you take part in the conversation yourself, you may record it, even without the other person's consent (art. 314bis). Only secretly recording a conversation you are not part of is a criminal offence.
Do I have to warn the other person that I am recording?
Legally, no: art. 314bis requires no consent as long as you take part in the conversation. But if you later want to use or share the recording, the other party's privacy expectation does weigh in the balance.
May I simply share or publish that recording?
No. Even a lawfully made recording may not simply be published: that clashes with privacy law and the GDPR, because a voice is personal data. If you share it intending to harm, you are punishable (art. 314bis §2).
Can I use a recording as evidence?
Often yes: a recording of your own conversation is usually admissible before a judge. The judge does weigh the reasonable privacy expectation of the participants, and an unlawfully obtained recording carries far less weight.
What if someone records me secretly?
Recording a conversation you are not part of is a criminal offence: 6 months to 1 year in prison and a fine of 200 to 10,000 euros. If it is a public official acting on duty, the heavier penalties of art. 259bis apply.
🔎 Common searches
What people search to land here:
- “record phone call belgium legal”
- “recording conversation without consent”
- “recording as evidence in court”
- “sharing a recording privacy”
- “article 314bis criminal code”
- “secretly recording someone belgium”