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🤔 Is this allowed? privacy editionYES, AS PARTICIPANT

May I record a phone call (one-party consent NL)?

NL = one-party consent. You participate = recording legal (Sr 139a). Covert recording by third party = criminal. Publication still under GDPR.

Last reviewed: 25 May 2026
See also our article "May I record myself" for detailed explanation. Core: Sr Art. 139a only prohibits recording by third parties not party to the conversation. You participate = legal. Examples of legal use: recording customer service call for proof of promise, recording conflict conversation with manager for HR file, recording salesperson for fraud claim. NOT legal: recording a conversation you weren't party to (= silent third party), publishing recording without consent of conversation partner (GDPR + portrait law), recording in private place you didn't have right to be in. Evidence in court: recording admissible as evidence in NL — unlike some other countries. But court weighs context — covert recording can constitute civil tort in employment relationship. Best practice: announce recording ("I'm recording this conversation as evidence for my file") — reduces counterarguments + improves dynamics.

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