Yes, recording phone calls in Belgium is legal under strict conditions.
Belgium permits call recording if at least one party consents, aligning with the Law of 8 December 1992 on Privacy in Electronic Communications. The Belgian Data Protection Authority (APD/GBA) enforces compliance, while the 2026 Digital Services Act integration may further refine obligations. Unauthorized recording risks fines up to €20 million or 4% of global turnover under GDPR.
Key Regulations for Recording Phone Calls in Belgium
- Consent Requirement: Recording is lawful only if at least one participant is aware and consents (explicit or implied). Passive recording without disclosure violates Article 222bis of the Criminal Code.
- Purpose Limitation: Data must serve a legitimate interest (e.g., evidence, compliance) and not exceed necessary scope. The APD/GBA scrutinizes retention periods and access controls.
- Cross-Border Transfers: If recordings involve EU/EEA parties, Schrems II rulings apply. Non-EU transfers require Standard Contractual Clauses or adequacy decisions.
Practical Considerations:
- Workplace Recordings: Employers must inform employees via policies and justify necessity under Collective Labour Agreements.
- Third-Party Calls: Recording calls with external parties (e.g., clients) requires prior notice, even if internal staff consent.
- Storage & Deletion: Recordings must be encrypted and deleted within 30 days unless legally required for longer retention.