Can you record a phone call in Belgium?
You may record a call you take part in without asking. Belgian criminal law only bans intercepting communication you are not part of, but a business that records calls must inform everyone on the call first.
- Phone calls
- Since 1 September 2026, Article 342 of the new Criminal Code (formerly Article 314bis) punishes intercepting, learning the content of or recording non-public communication you do not take part in, without everyone's consent. Recording your own call falls outside it. Article 344 punishes using even a lawfully made recording with intent to defraud or harm. Face-to-face talks follow the same rule.
- Business calls
- A business that records calls must follow the GDPR and Article 10/1 of the Data Protection Act of 30 July 2018 (formerly Article 128 of the Electronic Communications Act). Recording as proof of a transaction is allowed if everyone is told beforehand about the recording, its exact purpose and how long it is kept. Delete it once the transaction can no longer be challenged in court.
- What counts as consent
- Tell everyone on the call before recording starts: that you record, the exact purpose and how long you keep it. The data protection authority (APD/GBA) says informing only your own staff is not enough: clients and other third parties must be told too.
- Penalties
- Articles 342 and 344: level 2, which means 6 months to 3 years in prison or an alternative such as probation or community service. Companies face fines above EUR 20,000, up to EUR 360,000. GDPR fines are separate.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
- Dutch
Voor we beginnen: ik neem mijn gesprekken op om nauwkeurige notities te kunnen maken. Gaat u daarmee akkoord?
- French
Avant de commencer : j'enregistre mes appels afin de pouvoir prendre des notes précises. Êtes-vous d'accord ?
Worth knowing
- The new Criminal Code was due on 8 April 2026 but took effect on 1 September 2026. Acts committed earlier fall under old Article 314bis, unless the new law is milder.
- Call centers may listen to and record calls only to check service quality. Staff must be told in advance, and recordings may be kept for one month at most (Article 10/1, paragraph 2).
- Decision 102/2026 (May 2026, under appeal): the data protection authority fined a water company EUR 85,000 for incomplete, scattered information about recorded calls. Staying on the line after hearing a call may be recorded was not consent.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Justel: Act of 29 February 2024 introducing Book II of the Criminal Code (Articles 342 to 347)statute
- Justel: Act of 29 February 2024 introducing Book I of the Criminal Code (penalty levels, Articles 36 and 38)statute
- Justel: Act of 30 July 2018 on data protection, Article 10/1 (in force 10 January 2022)statute
- APD: Conversations téléphoniques professionnellesregulator
- APD Litigation Chamber, decision 102/2026 of 12 May 2026 (call recording)regulator
Other countries
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Questions
Is Belgium a one-party consent country?
Yes. You may record a call you take part in without asking. Belgian criminal law only bans intercepting communication you are not part of, but a business that records calls must inform everyone on the call first.
Can a business record calls in Belgium?
A business that records calls must follow the GDPR and Article 10/1 of the Data Protection Act of 30 July 2018 (formerly Article 128 of the Electronic Communications Act). Recording as proof of a transaction is allowed if everyone is told beforehand about the recording, its exact purpose and how long it is kept. Delete it once the transaction can no longer be challenged in court.
What counts as consent in Belgium?
Tell everyone on the call before recording starts: that you record, the exact purpose and how long you keep it. The data protection authority (APD/GBA) says informing only your own staff is not enough: clients and other third parties must be told too.
What happens if you record a call illegally in Belgium?
Articles 342 and 344: level 2, which means 6 months to 3 years in prison or an alternative such as probation or community service. Companies face fines above EUR 20,000, up to EUR 360,000. GDPR fines are separate.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
