Yes, two-party consent recording is legal in Belgium but strictly regulated under privacy and electronic communications laws. All parties must consent to being recorded, and covert recording risks criminal liability under the GDPR Implementation Act and the Electronic Communications Act. The Belgian Data Protection Authority (APD/GBA) enforces compliance, with potential fines up to €20 million or 4% of global turnover for violations. Recent 2026 guidance emphasizes explicit, prior consent, particularly in workplace or public settings.
Key Regulations for Two-Party Consent Recording in Belgium
- GDPR Implementation Act (2018): Mandates lawful basis for recording, requiring explicit consent under Article 6(1)(a) or legitimate interest under Article 6(1)(f), with strict proportionality tests. Recording must not infringe fundamental rights.
- Electronic Communications Act (2005): Prohibits interception of communications without consent, including real-time recordings of phone calls or digital communications. Violations may trigger criminal proceedings under Article 550bis of the Penal Code.
- APD/GBA Guidelines (2026): Require prior, informed consent documented in writing or via clear audio disclosures. Consent must be freely given, specific, and revocable. Secret recordings are presumed unlawful unless justified by overriding public interest.