BelgiumAct of 30 July 2018 Article 10/1, Recorded Commercial Communications
Loi du 30 juillet 2018, Art. 10/1, as inserted by the Act of , article 255
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2025. Publisher's page: https://www.ejustice.just.fgov.be/eli/loi/2018/07/30/2018040581/justelIn force since .
A sensitive categories rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Inform both parties of a call or communication recording, its precise purposes, and its storage period before recording it for proof of a commercial transaction with a person in Belgium, and erase the data once the transaction can no longer be challenged in court.NIST Privacy FrameworkCM.AW-P1NIST Privacy FrameworkCT.DM-P5
- Limit a call-centre quality-monitoring recording to a maximum one-month retention, with prior information to staff, under Act Article 10/1 paragraph 2.NIST Privacy FrameworkCT.DM-P5
These lines are LexLint's reading of the law's text. Also read by: Chambre Contentieuse of the Autorité de protection des données (Litigation Chamber of the Belgian Data Protection Authority) (guidance, recorded ).
In the frameworks
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.gegevensbeschermingsautoriteit.be/publications/beslissing-ten-gronde-nr.-102-2026.pdf
- Guidance body
- Chambre Contentieuse of the Autorité de protection des données (Litigation Chamber of the Belgian Data Protection Authority)
- Open questions
- Does the proof exception in Article 10/1, paragraph 1 of the Act of cover a call recording that a company keeps to prove a commercial transaction and also uses for another purpose, such as training a speech model?
What it makes you log
Log retention
The one-month maximum is the call-centre quality-monitoring ceiling in paragraph 2. A recording kept as proof of a commercial transaction under paragraph 1 is erased at the latest when the period during which the transaction can be challenged in court ends.
- Unit
- Months
- As of
- Basis
- Fixed
- Maximum value
- 1
Logging duty
Article 10/1 permits a business to record a communication, as proof of a commercial transaction (paragraph 1) or to monitor call-centre quality (paragraph 2), on condition that the people recorded are told of the recording, its purpose and the storage period; it does not oblige anyone to make or keep a recording, so the duties it imposes are notice and erasure.
- Kind
- None
- As of
What this law does
Article 10/1 permits recording an electronic communication and its traffic data in lawful commercial transactions as proof, on condition the parties are informed of the recording, its precise purposes, and the storage period before the recording, with data erased at the latest when the transaction can no longer be challenged in court.
Paragraph 2 separately permits listening to and recording calls solely to monitor service quality in call centres, on prior information to staff, with a maximum retention of one month. This is the Belgian provision most likely to bind a voice-recording product, distinct from the biometric rules above.
When LexLint raises it
When your app profile says your app processes voice recordings, deploys a chatbot, records calls or records text chat.
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