Law / Netherlands

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

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Research summary

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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.

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