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🤔 Is this allowed? privacy editionONLY AS PARTICIPANT

May someone record my phone call?

Only if that person is a party to the call. Recording silent third parties without basis = Sr Art. 139a criminal (max 6 months).

Last reviewed: 25 May 2026
Mirror article of "may I record myself". Someone party to your call may record it — NL is one-party consent. But: publication without your consent = GDPR + portrait-law breach. When IS recording criminal? (1) Third party not party to conversation (e.g. someone listens unseen + records). Sr Art. 139a — max 6 months. (2) Covertly in private place (home, office without location holder consent). Sr Art. 139b — image recording. (3) Misuse of recording for extortion, defamation, or threat. Practical: if you suspect a conversation partner is covertly recording — nothing you can do to prevent (one-party consent). But on suspected publication or misuse yes: GDPR Art. 17 erasure + civil damages claim. For work relationships: Bărbulescu ECHR jurisprudence — employer recording employee conversations without basis = privacy breach. Tip: people who ask for recording consent for your own written evidence purpose are often more trustworthy than covert recorders.

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