Belgian Recording Law: The Participant Rule and What It Does Not Settle (2026)

Belgium's rule on recording a private conversation turns on one distinction: whether the person doing the recording actually takes part in it. That distinction, and the criminal offense built around it, sits in article 314bis of the Strafwetboek, called the Code pénal in French, and it answers most of what someone actually wants to know when they ask whether they can record a phone call, a meeting, or an argument at their own front door.

This section holds the detailed page on that rule, together with the doctrine that decides whether a disputed recording can still be used in court. What follows here is an orientation: what the rule actually covers, what it leaves open, and where the harder questions, such as whether a lawfully made recording can safely be shared or published, get answered.

Information last verified on 21 July 2026. This page provides general legal information and does not constitute legal advice in an individual case.

What this section covers

Belgian law separates three questions that a reader often arrives expecting to be one. Whether you may record a conversation you are part of is a question of criminal law, answered by article 314bis of the Strafwetboek/Code pénal and covered in depth on the page below. Whether you may point a camera at a place, rather than record a conversation, is a different statute entirely, the Camera Law, covered in the Belgian privacy law section. And whether using or publishing a recording exposes you to a claim over someone's reputation is covered in the Belgian defamation section. This page is about the first of the three: making the recording itself.

The participant rule

Article 314bis, section 1 punishes someone who intercepts, takes note of, or records a private communication they do not participate in, without the consent of everyone taking part. Since the 2001 ruling of the Hof van Cassatie/Cour de cassation, a participant in the conversation, someone actually taking part in it, falls outside that offense entirely. This is why Belgium is sometimes described, loosely, as allowing a participant to record their own conversations.

That description answers only whether making the recording was a crime. It says nothing about what happens once the recording exists, whether it can be shown to someone else, posted online, or handed to a court. Those are separate legal questions, covered on the page below together with the full penalty structure, the fraudulent use offense, and the aggravated version that applies to public officers under article 259bis.

Whether an unlawful recording can still be used

A recording made unlawfully, meaning by someone who was not a participant and had no consent, is not automatically thrown out of a Belgian court case. The Antigoon doctrine allows a court to admit evidence obtained irregularly unless a specific rule requires exclusion, the irregularity taints reliability, or admitting it would offend the right to a fair trial. The full reasoning, and why it is not a green light to record whatever you like, is on the recording a conversation page.

What changes on 1 September 2026

A wholly new Penal Code enters into force on 1 September 2026 and renumbers everything on this page. Article 314bis becomes articles 342, 344 and 346, and article 259bis, the aggravated version of the same offense for public officers and officials, splits into articles 343 and 345. If you are reading this after that date, the spoke page below carries the new numbers alongside the current ones.

Where to go from here

For the full rule, the penalties, the Antigoon doctrine in detail, and the forward look at the 2026 renumbering, see Recording a conversation in Belgium. For cameras and surveillance rather than conversations, see the Belgian privacy law section. For what happens when a recording is used to accuse someone, see the Belgian defamation section. For other topics, return to Belgium Laws.

This page provides general legal information about a foreign legal system and does not constitute legal advice for an individual case. Whether a specific recording is lawful to make, use or rely on in a dispute depends on the exact facts, and the relevant law changes, most immediately on 1 September 2026. Check the current text on ejustice.just.fgov.be, or consult a lawyer, before acting on anything here.