Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in the Netherlands

Plain-English summary

Dutch criminal law (Article 139a Wetboek van Strafrecht) prohibits the recording of a conversation by someone who is not a participant. A participant may lawfully record their own conversation for personal use. Commercial and organizational recording is governed by GDPR and the UAVG (Uitvoeringswet AVG), with the Autoriteit Persoonsgegevens (AP) as the supervisory authority.

Statutory framework

  • Article 139a Sr. Criminal non-participant interception offence.
  • UAVG. Dutch GDPR implementing statute.
  • GDPR. Applies in full.

Regulator guidance

The AP has issued guidance on call recording, with emphasis on transparency, retention limits, and security.

UAVG specifics

UAVG supplements GDPR with Dutch-specific provisions, including provisions on employee data processing.

Workplace and business calls

Dutch workplace recording requires consultation with the works council (ondernemingsraad) under the WOR (Wet op de ondernemingsraden) where the recording is systematic. Employee notice is required.

Cross-border and conflict-of-laws notes

AP jurisdiction follows GDPR’s one-stop-shop.

Penalties and remedies

Criminal: up to 6 months under Article 139a Sr.

Administrative: GDPR fines.

Civil: GDPR Art. 82 compensation.

Practical guidance

  • Personal participant recording is lawful.
  • Commercial recording requires GDPR compliance.
  • Workplace recording requires works-council consultation.

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