Wet bescherming klokkenluiders (Whistleblower Protection Act), Article 2b(1) to (3), Recording of Internal Reports Made by Telephone
Wet bescherming klokkenluiders, art. 2b(1)-(3)
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Governance
As of .
What it requires
- If you are an employer and a report of a suspected wrongdoing is made to you by a telephone line or another voice-message system, or in a conversation at an agreed location, register it either by recording the conversation in a durable and retrievable form or by a complete and accurate written account of it (Article 2b(1)). Article 2(1) requires an employer at which, as a rule, at least fifty employees work to set up an internal reporting procedure.
- Obtain the reporter's prior consent before you record such a conversation.
- Where you use a written account instead of a recording, give the reporter the opportunity to check it, correct it and sign it for approval.
What this law does
Article 2b(1) requires an employer to register a report made by a telephone line or another voice-message system, or in a conversation at an agreed location, either by recording the conversation in a durable and retrievable form or by a complete and accurate written account of it. Article 2b(2) makes the reporter's prior consent a requirement for recording such a conversation. Article 2b(3) gives the reporter the opportunity to check, correct and sign off a written account.
Under Article 2(1), the duty to set up an internal reporting procedure binds an employer that as a rule has at least fifty employees.
When LexLint raises it
When your app profile says your app records conversations or processes voice recordings.