Wetboek van Strafrecht (Criminal Code), Articles 139a to 139c, Eavesdropping on and Recording of Conversations and Telecommunications

Wetboek van Strafrecht, artt. 139a-139c

In force.

An interception and recording consent rule binding public and private bodies.

Obligation class: Prohibition

As of 7 October 2026.

What it requires

Do not use a technical device to eavesdrop intentionally on a conversation held in a home, closed premises or yard other than on the instruction of a participant in it, and do not record such a conversation unless you take part in it or record on a participant's instruction (Article 139a(1)).
Recording with a technical device that is not secretly present and is used on the authority of the person who uses the home, premises or yard is outside Article 139a(1), except in case of manifest abuse, and so is the recording of data processed or transmitted by telecommunication or by an automated work (Article 139a(2)).
Do not secretly eavesdrop on or record, with a technical device, a conversation held elsewhere than in a home, closed premises or yard, when you act with the intention of eavesdropping or recording, other than on a participant's instruction or without being a participant (Article 139b(1)).
Do not intentionally and unlawfully tap or record, with a technical device, data that are not intended for you and that are processed or transmitted by telecommunication or by an automated work (Article 139c(1)). Tapping or recording by or on behalf of the person entitled to a connection used for telecommunication is excluded, except in case of manifest abuse (Article 139c(2)).

If you get it wrong

Criminal exposureYes

Criminal exposure note

Article 139a(1) carries imprisonment of up to six months or a fine of the fourth category, Article 139b(1) imprisonment of up to three months or a fine of the third category, and Article 139c(1) imprisonment of up to two years or a fine of the fourth category.

What this law does

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Research summary

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Article 139a(1) punishes anyone who, with a technical device, intentionally eavesdrops on a conversation held in a home, closed premises or yard other than on the instruction of a participant in it, or, without being a participant and other than on a participant's instruction, records it.

Article 139a(2) excludes from that offense the recording of data processed or transmitted by telecommunication or by an automated work, and, except in case of manifest abuse, recording with a technical device that is not secretly present and is used on the authority of the person who uses the home, premises or yard.

Article 139b(1) punishes anyone who, intending to eavesdrop on or record a conversation held elsewhere than in a home, closed premises or yard, secretly does so with a technical device, other than on a participant's instruction or without being a participant. Article 139c(1) punishes anyone who intentionally and unlawfully taps or records, with a technical device, data that are not intended for them and that are processed or transmitted by telecommunication or by an automated work.

Article 139c(2) excludes tapping or recording by or on behalf of the person entitled to a connection used for telecommunication, except in case of manifest abuse. The provisions this entry describes came into force on different days.

When LexLint raises it

When your app profile says your app records conversations, processes voice recordings or deploys a chatbot.

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