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Netherlands Recording Laws 2025: One-Party Consent Guide

By Recording Law Editorial Team25 min read
Netherlands Recording Laws 2025: One-Party Consent Guide

Frequently Asked Questions

Is the Netherlands a one-party or two-party consent country for recording?

The Netherlands is a one-party consent country. Under Articles 139a and 139b of the Wetboek van Strafrecht, any participant in a conversation may record it without the knowledge or consent of the other parties. The Hoge Raad confirmed this rule in HR 26 maart 1985, NJ 1985/772. Two-party or all-party consent is not required by Dutch criminal law.

Can I secretly record a conversation with my employer in the Netherlands?

Yes, if you are a participant in the conversation. Dutch criminal law (Arts. 139a and 139b Sr) only prohibits recording by someone who is not part of the conversation. An employee present in a meeting with their manager may record without disclosing the recording. However, Dutch courts have held that systematic covert recording, or using recordings as a threat, can justify employment consequences and civil liability even when no criminal offence is committed.

Can I record a phone call in the Netherlands without telling the other person?

Yes, as a private individual. Recording your own phone call is lawful under Dutch criminal law because Art. 139c Sr prohibits interception by third parties, not recording by participants. As a business, you must comply with the GDPR: provide an audible notice at the start of the call, state the purpose, and identify your legal basis for processing the recording.

Does the GDPR affect my right to record in the Netherlands?

Yes, for recordings that capture personal data. Any voice or video recording that identifies a natural person is personal data under GDPR Art. 4(1). Private individuals recording for purely personal use benefit from the household exemption in Art. 2(2)(c) GDPR. Once a recording is shared externally, the full GDPR regime applies: you need a legal basis, must be transparent about the recording, and must respect data subject rights. The Autoriteit Persoonsgegevens enforces GDPR in the Netherlands.

Is revenge porn (wraakporno) and deepfake sexual content illegal in the Netherlands?

Yes. Following the Wet seksuele misdrijven that came into force on 1 July 2024, non-consensual intimate images and AI-generated deepfake sexual content are criminalised under Article 254ba of the Wetboek van Strafrecht. The maximum penalty is two years imprisonment or a category 4 fine (up to EUR 27,500). The provision is technology-neutral and covers both real footage and AI-generated images.

Can I film police officers in the Netherlands?

Yes, filming police officers performing their duties in public is currently lawful under Article 7 of the Grondwet (Dutch Constitution) and Article 10 of the ECHR. You may publish the footage without blurring officers' faces. However, adding false commentary attributing specific misconduct to named officers can constitute defamation under Arts. 261-262 Sr. As of May 2026, Parliament debated but had not enacted legislation that would require officers' faces to be unrecognisable in published footage.

Can employers monitor employees by recording in the Netherlands?

Only under strict conditions. The Autoriteit Persoonsgegevens requires employers to show a legitimate interest outweighing employees' privacy rights, that the monitoring is necessary, and that employees have been fully informed. Crucially, Article 27(1)(l) of the Wet op de ondernemingsraden (WOR) requires prior consent from the works council before any staff-monitoring system is introduced. Covert monitoring is only permitted in narrow circumstances involving a concrete suspicion of serious misconduct.

Are secretly recorded phone calls admissible as evidence in Dutch courts?

Yes, in most cases. Dutch courts follow the balancing framework established by the Hoge Raad in ECLI:NL:HR:1987:AG5500 (Bespiede bijstandsmoeder, 1987): exclusion of unlawfully obtained evidence requires a legally impermissible privacy violation based on additional circumstances. Participant recordings are consistently admitted in civil proceedings, including workplace disputes, contract claims, and family law matters. Courts may factor the recording into compensation awards.

What are the penalties for illegal recording in the Netherlands?

Penalties depend on the offence. Recording without participation in a private space: up to 6 months imprisonment or a category 3 fine (EUR 11,000) under Art. 139a Sr. Recording without participation in a non-private space: up to 3 months imprisonment or a category 3 fine (EUR 11,000) under Art. 139b Sr. Intercepting telecommunications: up to 1 year and a category 4 fine (EUR 27,500) under Art. 139c Sr. Installing interception devices or malware: up to 4 years and a category 5 fine (EUR 110,000) under Art. 139d Sr. Distributing NCII or deepfake sexual images: up to 2 years and a category 4 fine under Art. 254ba Sr.

Does the EU AI Act affect recording and deepfake laws in the Netherlands?

Yes, from 2 August 2026. EU AI Act Article 50 (Regulation (EU) 2024/1689) requires providers of AI systems that generate synthetic content depicting real persons to mark or label that content as artificially generated. This applies across all EU member states, including the Netherlands. Deepfake sexual images are also separately criminalised under Art. 254ba Sr regardless of AI Act compliance, so the criminal prohibition and the labelling obligation operate in parallel.

What happens if I record a cross-border call from the Netherlands?

Dutch criminal law governs your conduct if you are in the Netherlands. The GDPR applies to any processing of EU residents' personal data, regardless of where the recorder is located. If the other party is in a country with all-party consent requirements, their domestic law may also apply to their end of the call. The safest practice for business recordings is to provide audible notice to all parties and obtain express consent before recording international calls.

Updates

Governing law re-checked for recent changes

This page was refreshed on May 15, 2026. The title was updated from "Netherlands Recording Laws: Consent Rules and Penalties" to "Netherlands Recording Laws 2025: One-Party Consent Guide," and the meta description was shortened from 162 to 142 characters with the AEO answer moved to the front. A new Quick Answer section was added summarizing the one-party consent rule, along with a previously missing overview of Penal Code Articles 139c, 139d, and 139e. The Can You Record Phone Calls section was corrected after it was found to describe the voyeurism provision, Article 139f, instead of phone call law, and a standalone section on Article 139f (Voyeurism and Hidden Cameras) was added to properly cover that provision. The non consensual intimate imagery section was updated to reflect that Article 139h was repealed on July 1, 2024, and replaced by Article 254ba of the Criminal Code under the Sexual Offenses Act (Wet seksuele misdrijven). New coverage was added on the EU AI Act Article 50 deepfake transparency obligations, enforceable from August 2, 2026, plus new sections on recording police and public officials, citing Article 7 of the Grondwet, Article 10 of the ECHR, and 2025 parliamentary debate, and on cross border recording. The citation for the Edamse bijstandsmoeder case was corrected from an erroneous HR 16-10-1987 reference to the correct ECLI:NL:HR:1987:AG5500, decided January 9, 1987, and a legislationline.org citation was replaced with a wetten.overheid.nl source. A citation to Article 27 of the Works Councils Act (WOR) was added to the workplace recording section, and the penalties table was expanded to include imprisonment terms for each offense. An Authorities Cited section with 21 citations was added where none had existed, a disclaimer block was added, and the FAQ section was expanded from two truncated items to eleven full question and answer pairs. The revision was also confirmed to contain no em dashes, consistent with site style.

Sources and References

  1. Wetboek van Strafrecht, Art. 139a, BWBR0001854(wetten.overheid.nl).gov
  2. Wetboek van Strafrecht, Art. 139b, BWBR0001854(wetten.overheid.nl).gov
  3. Wetboek van Strafrecht, Art. 139c, BWBR0001854(wetten.overheid.nl).gov
  4. Wetboek van Strafrecht, Art. 139d, BWBR0001854(wetten.overheid.nl).gov
  5. Wetboek van Strafrecht, Art. 139e, BWBR0001854(wetten.overheid.nl).gov
  6. Wetboek van Strafrecht, Art. 139f, BWBR0001854(wetten.overheid.nl).gov
  7. Wetboek van Strafrecht, Art. 254ba (Wet seksuele misdrijven 2024)(wetten.overheid.nl).gov
  8. Wet seksuele misdrijven, BWBR0049509(wetten.overheid.nl).gov
  9. Hoge Raad 26 maart 1985, NJ 1985/772(uitspraken.rechtspraak.nl).gov
  10. Hoge Raad 09 januari 1987, ECLI:NL:HR:1987:AG5500, NJ 1987/928(uitspraken.rechtspraak.nl).gov
  11. GDPR, Regulation (EU) 2016/679(eur-lex.europa.eu).gov
  12. UAVG, BWBR0040940(wetten.overheid.nl).gov
  13. AP Conditions for monitoring employees(autoriteitpersoonsgegevens.nl).gov
  14. AP Decision fine Clearview AI, September 2024(autoriteitpersoonsgegevens.nl).gov
  15. Wet op de ondernemingsraden (WOR), Art. 27, BWBR0002747(wetten.overheid.nl).gov
  16. Grondwet (Dutch Constitution), Art. 7, BWBR0001840(wetten.overheid.nl).gov
  17. European Convention on Human Rights, Art. 10(echr.coe.int).gov
  18. ECtHR, Telegraaf Media Nederland v Netherlands, App. No. 39315/06, 2012(hudoc.echr.coe.int).gov
  19. EU AI Act, Regulation (EU) 2024/1689, Art. 50(eur-lex.europa.eu).gov
  20. Kantonrechter Roermond, ECLI:NL:RBLIM:2022:6152 (Chetu webcam case)(uitspraken.rechtspraak.nl).gov
  21. AP Camera surveillance at organisations(autoriteitpersoonsgegevens.nl).gov
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