Recording calls in the Netherlands: the law explained

On recording calls in the Netherlands, the law allows a person who takes part in a conversation to record it. The Criminal Code's eavesdropping offences are aimed at people who are not participants: someone who records a conversation "without being a participant" in it, or listens in on communications not meant for them. That makes the Netherlands a participant-recording country, closer to the UK than to Germany.

The recording itself is only the first layer. A recording of a work meeting is personal data under the GDPR, the Dutch data protection authority (the Autoriteit Persoonsgegevens, or AP) expects people to know when their calls are recorded, and employers may need the works council's consent before introducing anything that can monitor staff. This guide covers each layer. For the picture across countries, see is it legal to record a meeting?

Recording calls in the Netherlands: the law at a glance

Layer 1: the Wetboek van Strafrecht

The Dutch Criminal Code (checked 25 September 2026, version in force from 1 July 2026) has three articles on eavesdropping and recording.

• Article 139a covers conversations in a home, closed room or yard. It punishes, with up to six months' imprisonment or a fine, anyone who deliberately, with a technical device, listens in "anders dan in opdracht van een deelnemer aan dat gesprek" — other than on the instruction of a participant — or records a conversation "zonder deelnemer aan dat gesprek te zijn" — without being a participant — and not on a participant's instruction.
• Article 139b covers conversations elsewhere and applies where the device is used secretly (heimelijk), again with the participant exception.
• Article 139c covers telecommunications and computer data, and punishes whoever deliberately and unlawfully taps or records data "die niet voor hem bestemd zijn" — not intended for them.

So a participant is outside the words of all three. A person on a phone or video call is recording data intended for them; a person in a meeting room is a participant in the conversation. Recording a conversation you have left, or planting a device, is a different act, covered by article 139d as well.

What the criminal law does not decide

The Criminal Code answers only whether making the recording is an offence. It does not decide whether you may publish it, whether it can be used in court, or whether you have met data-protection law. Publishing a recording of a private conversation can still harm the other person's privacy and lead to civil claims.

Layer 2: the GDPR and the Autoriteit Persoonsgegevens

A recording of a work meeting, its transcript and any notes made from it are personal data about everyone in the meeting. The GDPR applies in the Netherlands, supplemented by the Dutch implementation act (UAVG), and the regulator is the AP. Recording meetings under GDPR goes through the steps: a lawful basis, a notice at the time, a retention period, and a contract with each processor.

The GDPR does not apply to "purely personal or household activity". A recording of a family call you keep for yourself is outside it; a recording of a client call made for work is not.

What the AP says about recording at work

The AP's guidance on monitoring means of communication (archived copy of 27 August 2026) says, in its own words:

• "You may record telephone calls of your employees if necessary. For example, to improve telephone services in your call centre."
• "Your employees have the right to know if their calls are being recorded." Telling them once, when they start work, "does not suffice".
• "You must also inform the person your employee is calling (such as a customer) in advance that the call will be recorded and what you use the recordings for."
• "You are hardly ever allowed to covertly record telephone calls" — only in exceptional cases such as threats or suspected criminal acts, and never "to supervise, train or assess" employees.

The AP's Dutch page on monitoring staff puts the employee's side plainly: an employer may record calls if that is necessary, "U heeft wel het recht om het te weten als uw gesprek wordt opgenomen" — you have the right to know if your call is being recorded.

That guidance is written for employers monitoring staff, not for someone taking notes in their own meetings. It shows how the regulator thinks: recording must be necessary, people must be told, and covert recording is exceptional.

The works council

Under article 27(1)(l) of the Works Councils Act (Wet op de ondernemingsraden), an employer needs the works council's consent to introduce, change or withdraw an arrangement for facilities "gericht op of geschikt voor" — aimed at or suitable for — observing or checking staff attendance, behaviour or performance. "Suitable for" means the right can apply even where monitoring is not the purpose. A decision taken without consent can be void if the works council invokes that in writing within a month.

Works councils are mandatory in businesses that normally employ at least 50 people. A company-wide notetaker rollout in the Netherlands is a conversation with the works council before it is a purchase. Can your employer record your meetings? covers the employee's side.

Calls across borders

If you are in the Netherlands and the other person is in Germany or France, their law may treat recording their words without agreement as an offence, whatever Dutch law says. See recording calls in Germany. On a mixed call, follow the strictest rule that could apply, which in practice means asking.

A routine for calls with people in the Netherlands

1. Say in the invitation that you would like to record, and why.
2. Start the recorder, then ask at the start of the call. In Dutch, "Vind je het goed als ik dit gesprek opneem voor mijn aantekeningen?" is a plain way to ask. How to ask for consent to record has English wording.
3. Stop if anyone objects.
4. Share checked notes, not the audio.
5. Set a retention period and delete on schedule.

How Notey fits into this

Notey records your microphone and the sound your Mac plays, on your own Mac. Nothing joins the call.

• Nothing is saved until you press Allow when Notey notices a call, unless you chose a rule in advance, such as arming the next call.
• Transcription happens on the Mac, in the Mac's language. Dutch is not among the languages Apple's on-device transcriber supports on macOS 26, so a meeting held in Dutch cannot be transcribed in Dutch; transcription languages on a Mac lists the ten that are.
• AI notes send transcript text only, when you ask or when write-ups are on, to Notey's service and on to OpenAI as a processor. See the privacy policy.
• The red dot and elapsed timer are visible to you, not to the call.

Frequently asked questions

Is it legal to record a conversation in the Netherlands without telling the other person?

Under the Criminal Code, recording a conversation you take part in is generally not an offence; the eavesdropping articles target people who are not participants. What you do with the recording, and whether the GDPR applies, are separate questions.

Can my employer in the Netherlands record my calls?

According to the Autoriteit Persoonsgegevens, an employer may record calls if that is necessary, and employees have the right to know. Covert recording is allowed only in exceptional cases, such as suspected crime, and not to supervise, train or assess staff.

Does a Dutch works council have a say in meeting recording?

Article 27 of the Works Councils Act gives the works council a consent right over arrangements aimed at or suitable for monitoring staff attendance, behaviour or performance. A company-wide recording tool may fall within it.

Does the GDPR apply to a recording I make for myself?

Not if it is purely personal or household activity. A recording made for work generally is not, even if you make it on your own laptop.

Can I publish a recording of a conversation I was in?

Publishing is different from recording. It can affect the other person's privacy and may raise civil claims or data-protection issues. Share checked notes rather than audio.