BelgiumAct of 30 July 2018, Article 10/1, Recording of Electronic Communications in Lawful Commercial Transactions
Loi du 30 juillet 2018, art. 10/1
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Disclosure, Retention
As of .
What it requires
- Before you record an electronic communication and its traffic data as proof of a lawful commercial transaction or another professional communication, inform the parties to the communication of the recording, its precise purposes and the storage period.
- Erase those recordings and traffic data at the latest at the end of the period during which the transaction can be challenged in court.
- If you listen to or record communications and traffic data solely to monitor the quality of service in a call center, inform the people who work there beforehand of the possibility of listening and recording, the precise purpose and the retention period, and keep the data for one month at most.
Who enforces it
Enforcement body
The Data Protection Authority (Autorité de protection des données, Gegevensbeschermingsautoriteit), whose supervisory competence covers Articles 10/1 and 10/2 of the Act of .
What this law does
Article 10/1, paragraph 1 of the Act of allows the recording of an electronic communication and of the traffic data relating to it, made in lawful commercial transactions as proof of a commercial transaction or of another professional communication, on condition that the parties to the communication are informed, before the recording, of the recording, of its precise purposes and of the storage period.
The data are erased at the latest at the end of the period during which the transaction can be challenged in court. Paragraph 2 allows the listening to and recording of electronic communications and traffic data whose sole aim is to monitor the quality of service in call centers, on condition that the people who work in the call center are informed beforehand of the possibility of listening and recording, of the precise purpose and of the retention period.
Those data may be kept for a maximum of one month. Both paragraphs are made in application of Article 125, paragraph 1, point 1° of the Act of on electronic communications and without prejudice to the Regulation and the Act. The Data Protection Authority's opinion on the bill that inserted Articles 10/1 and 10/2 records that their content is almost identical to that of Articles 128 and 129 of the Act of .
When LexLint raises it
When your app profile says your app records conversations, processes voice recordings or deploys a chatbot.