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Belgium Recording Laws: One-Party Consent, Art. 314bis, and GDPR (2026)

By Recording Law Editorial TeamReviewed September 9, 202625 min read
Belgium Recording Laws: One-Party Consent, Art. 314bis, and GDPR (2026)

Frequently Asked Questions

Is it legal to record a phone call in Belgium without telling the other person?

Yes, if you are a participant in the call. Article 314bis of the Belgian Criminal Code only criminalizes recording by non-participants. The Cour de Cassation confirmed in rulings of January 9, 2001 and November 17, 2015 that a participant recording their own call without the other party's knowledge does not commit an offense. However, you must still comply with GDPR if you are recording in a business or professional context, which requires informing the other party about the recording, its purpose, and their data rights.

Can a secretly recorded conversation be used as evidence in a Belgian court?

Possibly yes. Under the Antigoon doctrine (Cour de Cassation, Oct. 14, 2003, codified in Art. 32 Preliminary Title of the Code of Criminal Procedure in 2013), Belgian courts do not automatically exclude illegally obtained evidence. A judge assesses whether the evidence is reliable and whether its use would violate the right to a fair trial. The Cour de Cassation applied this in a civil case on June 14, 2021 (J.L.M.B. 2021, p. 1470), allowing a secretly recorded phone call as evidence. Admissibility is not guaranteed and courts conduct a full factual assessment.

What are the penalties for illegally recording someone in Belgium?

Under Article 314bis, para. 1, non-participant interception carries 6 months to 1 year imprisonment and a fine of 200 EUR to 10,000 EUR (before opdeciemen multipliers). Para. 2, covering distribution of illegally obtained recordings, carries the heavier penalty of 6 months to 2 years imprisonment and 500 EUR to 20,000 EUR. Belgian opdeciemen multipliers can increase fine amounts by a factor of approximately eight. For public officers acting without authorization, Article 259bis raises penalties to 6 months to 3 years imprisonment and 4,000 EUR to 160,000 EUR. Repeat offenses within 5 years double the applicable penalties.

Can my employer install surveillance cameras to monitor my work in Belgium?

Employers may install cameras in the workplace under strict conditions set by CBA No. 68 (CCT 68). Continuous surveillance is permitted only for health and safety, protection of company property, control of the production process, and control of machinery. Permanent surveillance of employee performance or behavior is explicitly prohibited. Temporary camera surveillance to monitor work performance is allowed for a limited period only. Hidden cameras are prohibited in all circumstances. The employer must inform the works council and employees of camera locations, purpose, and operating hours before implementation.

Does GDPR require consent before recording a conversation in Belgium?

GDPR does not require consent specifically, but it requires a valid legal basis under Article 6(1). Consent (Art. 6(1)(a)), legitimate interest (Art. 6(1)(f)), or contract performance (Art. 6(1)(b)) are the most common bases for call recording. Regardless of the legal basis, GDPR requires transparency: you must inform the person being recorded about the recording, its purpose, legal basis, retention period, and their data rights. The APD fined a controller 40,000 EUR in Decision 57/2023 for refusing to provide a data subject with copies of their recorded calls when requested under Article 15.

Is it legal to record police officers in Belgium?

Yes, recording police officers carrying out their duties in public is generally lawful in Belgium. The Court of First Instance of East Flanders confirmed on October 9, 2025 that 'the mere recording of a police intervention, for example as evidence, is in principle not punishable.' However, you may not interfere with police operations, and publishing footage that attributes false statements to an identifiable officer can constitute contempt under Criminal Code Article 276. Publishing recognizable images of officers on social media also triggers GDPR obligations.

Are deepfakes and AI-generated intimate images illegal in Belgium?

Belgium does not yet have a specific statute targeting AI-generated synthetic intimate images (deepfakes). The Liège Court of Appeal ruled on November 4, 2024 that crude deepnude photomontages did not fall under existing voyeurism (Art. 371/1) or NCII (Art. 417/9) statutes because they were not recordings of actual nudity. Hyperrealistic AI deepfakes may receive different treatment. Civil remedies under GDPR, image rights, and tort law remain available. EU Directive 2024/1385 requires Belgium to criminalize fabricated deepfakes depicting sexual activities; Belgium must implement this directive by its transposition deadline.

When does Belgium's new Criminal Code take effect?

The new Belgian Criminal Code was published on April 8, 2024. Its entry into force was originally scheduled for April 8, 2026, but the Belgian Chamber of Representatives voted in March 2026 to delay it to September 1, 2026. The new code renumbers voyeurism as Article 135, non-consensual intimate image distribution as Article 136, and aggravated forms as Article 137. The exact article number replacing Art. 314bis (recording/wiretapping) was not confirmed from official sources at the time of this article's publication.

What does CBA No. 81 (CCT 81) require for workplace electronic monitoring in Belgium?

CBA No. 81 requires employers monitoring employees' electronic communications (email, internet, messaging) to observe three principles: purpose (monitoring must serve a legitimate purpose), proportionality (only necessary data may be collected), and transparency (prior notice to the works council and to each employee individually). Employers must notify employees of what is being monitored, why, how long data is stored, and whether monitoring is permanent or temporary. CBA 81 applies alongside CBA 68 (for camera surveillance) and GDPR, creating a layered framework that is more protective of employees than criminal law alone.

How does the EU AI Act affect recording and surveillance in Belgium?

The EU AI Act applies directly in Belgium. From December 2, 2027, high-risk AI requirements cover biometric identification and real-time remote surveillance systems. That date moved from August 2, 2026 under the July 2026 Digital Omnibus. Retrospective facial recognition requires binding judicial or administrative authorization and documented strict necessity for a specific criminal offense. Belgium has designated BIPT as its primary AI Act market surveillance authority (Government Declaration, Jan. 31, 2025). The APD retains GDPR jurisdiction over AI systems processing personal data. AI-generated synthetic content must be labeled as AI-generated under Article 50 of the AI Act, which applies from August 2, 2026 and was not postponed by the Omnibus.

Updates

AI Act dates updated for the July 2026 Digital Omnibus: high-risk obligations now apply December 2, 2027 (Annex III) and August 2, 2028 (Annex I); the August 2, 2026 transparency date is unchanged, and the synthetic-content labelling duty is correctly attributed to Article 50 rather than Chapter 5.

Governing law re-checked for recent changes

Sources and References

  1. one_party_consent_framework: Belgium operates a one-party consent framework under Article 314bis of the Belgian Criminal Code (Code pénal/Strafwetboek). A participant in a private communication may re(ejustice.just.fgov.be).gov
  2. cassation_participant_exception: The Cour de Cassation confirmed in its judgment of November 17, 2015 that a participant recording their own conversation without the other parties' knowledge does not(cass.be).gov
  3. new_criminal_code: Belgium adopted a new Criminal Code published in the Moniteur belge on April 8, 2024. The entry into force was originally set for April 8, 2026 (two years after publication), but th(justice.belgium.be).gov
  4. art_124_electronic_communications: Article 124 of the Law of June 13, 2005 on Electronic Communications prohibits intentional interception, monitoring, or recording of electronic communications withou(ejustice.just.fgov.be).gov
  5. gdpr_loi_2018: The Loi du 30 juillet 2018 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel implements GDPR in Belgium and establishes the Aut(ejustice.just.fgov.be).gov
  6. apd_decision_57_2023: In APD Decision 57/2023, the Belgian DPA fined a controller 40,000 EUR for refusing to provide a data subject with copies of their recorded phone conversations, violating the rig(dataprotectionauthority.be).gov
  7. cct_68_cameras: Collective Bargaining Agreement No. 68 (CLA 68 / CCT 68), adopted June 16, 1998, governs camera/video surveillance at the workplace. Continuous camera surveillance is permitted only fo(cnt-nar.be).gov
  8. cct_81_electronic_monitoring: Collective Bargaining Agreement No. 81 (CLA 81 / CCT 81) governs monitoring of electronic communications data in the workplace, including email, internet use, instant mes(cnt-nar.be).gov
  9. art_433bis_ncii: Article 417/9 (formerly cited as 433bis/1 in some contexts) of the Belgian Criminal Code criminalizes the non-consensual dissemination of sexually explicit material. Penalties: impris(eur-lex.europa.eu).gov
  10. deepfakes: Belgian law does not yet have a specific statute criminalizing the creation or distribution of AI-generated synthetic intimate images (deepfakes/deepnudes). The Liège Court of Appeal ruled(eur-lex.europa.eu).gov
  11. recording_police: There is no prohibition in Belgian law on recording police officers carrying out their duties in public. A Belgian court (Court of First Instance, East Flanders, October 9, 2025) con(ictrechtswijzer.be)
  12. eu_ai_act: The EU AI Act applies directly in Belgium. Key provisions in force as of August 2025: Chapter 5 (GPAI models), Chapter 7 (governance), Chapter 12 (sanctions). High-risk AI system requiremen(eur-lex.europa.eu).gov
  13. camera_act_2007: The Camera Act (Loi Caméras/Camerawet), Law of March 21, 2007, revised 2018, governs surveillance cameras in non-workplace settings: public spaces, businesses open to the public, and(ejustice.just.fgov.be).gov
  14. APD/GBA Decision 57/2023 -- Access Rights for Call Recordings(dataprotectionauthority.be)
  15. CBA No. 81 (CCT 81) -- Electronic Communications Monitoring in the Workplace, National Labour Council(cnt-nar.be)
  16. European Data Protection Board -- Belgian DPA Enforcement News(edpb.europa.eu)
  17. Regulation (EU) 2026/1744 of 8 July 2026 amending Regulation (EU) 2024/1689 (Digital Omnibus on AI), OJ L 2026/1744, 24.7.2026(eur-lex.europa.eu).gov
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