Can you record a phone call in the Netherlands?
You may record a call you take part in without the other person's consent. Dutch criminal law only punishes recording or tapping by someone outside the conversation, but a business must tell callers at the start.
- Phone calls
- Article 139c of the Criminal Code (Wetboek van Strafrecht) punishes intentionally tapping or recording telecommunication data that is not meant for you. A call you take part in is meant for you, so recording it is not a crime. For face-to-face talks, Articles 139a and 139b likewise punish recording only by someone who is not a participant and not acting for one.
- Business calls
- The GDPR (AVG) applies. The Dutch regulator (Autoriteit Persoonsgegevens) says an organization does not always need consent: recording can be necessary to carry out a contract, or for a legitimate interest after weighing the caller's rights. But it must say at the start of the call that it records, and why. A notice on a website or in general terms is not enough.
- What counts as consent
- Say it at the start of each call: that you record, and the purpose, such as training. For staff, the regulator gives a beep when recording starts as an example. Telling employees once when they are hired is not enough. Callers can ask for a copy of their recording.
- Penalties
- Tapping or recording calls not meant for you (Article 139c): up to 2 years in prison or a fine up to EUR 27,500 (fourth category, 2026 amount). Eavesdropping in private places (139a): up to 6 months. GDPR fines apply separately.
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
Voordat we beginnen: ik neem mijn gesprekken op, zodat ik nauwkeurige aantekeningen kan maken. Vindt u dat goed?
Worth knowing
- Secret recording of staff is allowed only in exceptional cases, such as threats or a suspected crime, and never for coaching or training. Continuous recording is allowed only where needed, for example for stock orders by phone.
- Article 139c does not apply to tapping by or for the holder of the phone line, except in clear abuse. Data protection rules still apply.
- Fine categories were raised on 1 January 2026. The fourth category is now EUR 27,500.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
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Questions
Is the Netherlands a one-party consent country?
Yes. You may record a call you take part in without the other person's consent. Dutch criminal law only punishes recording or tapping by someone outside the conversation, but a business must tell callers at the start.
Can a business record calls in the Netherlands?
The GDPR (AVG) applies. The Dutch regulator (Autoriteit Persoonsgegevens) says an organization does not always need consent: recording can be necessary to carry out a contract, or for a legitimate interest after weighing the caller's rights. But it must say at the start of the call that it records, and why. A notice on a website or in general terms is not enough.
What counts as consent in the Netherlands?
Say it at the start of each call: that you record, and the purpose, such as training. For staff, the regulator gives a beep when recording starts as an example. Telling employees once when they are hired is not enough. Callers can ask for a copy of their recording.
What happens if you record a call illegally in the Netherlands?
Tapping or recording calls not meant for you (Article 139c): up to 2 years in prison or a fine up to EUR 27,500 (fourth category, 2026 amount). Eavesdropping in private places (139a): up to 6 months. GDPR fines apply separately.
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.
