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 third parties' communication
- The judge weighs the 'reasonable privacy expectation' of the interlocutors when using the recording
⚠️ Penalties & fines
Recording a conversation you do not take part in is punished with imprisonment of 6 months to 1 year and a fine of €200 to €10,000 (to be multiplied by the surcharges). Misusing a lawful recording or distributing unlawfully obtained communication can run from 6 months to 2 years and €500 to €20,000. Someone who misuses a recording also risks a slander-and-libel complaint and a fine from the Data Protection Authority.
📎 Official sources
- ejustice · Criminal Code (art. 314bis, 259bis) →
- Data Protection Authority · citizen (privacy and recordings) →
- Rechtenkrant · may you record a phone conversation →
❓ Frequently asked
Can I record a phone conversation?
Yes, if you take part in the conversation yourself, you may record it, even without the other person's consent. Only secretly recording a conversation you do not take part in is punishable.
Can I just share or publish that recording?
No. 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.
Can I use a recording as evidence?
Often yes. A recording of your own conversation is generally usable as evidence before a judge, though the judge weighs the interlocutors' reasonable privacy expectation.
What if someone secretly records my conversation?
Recording a conversation one does not take part in is an offence (art. 314bis), punished with imprisonment and a fine. For a public official (art. 259bis), the penalties are heavier still.
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