Belgium permits participant recording. Article 314bis of the Code pénal prohibits listening to or recording private communications when you are not a participant — which leaves participants outside the offence.
Belgium hosts a significant events calendar, and Brussels is the regulatory centre of the EU. Belgian data-protection practice tends to follow European Data Protection Board guidance closely, which makes it a useful benchmark: get Belgium right and you are broadly aligned with EU-wide expectations.
Not legal advice. A practical summary for sales teams. Have your DPO or counsel review your process before an event.
Article 314bis Code pénal
Article 314bis criminalises intentionally, using any device, listening to or recording private communications or telecommunications during their transmission, where the person doing so is not a participant and has not obtained the consent of all participants.
The structure is explicit: the prohibition binds non-participants. A rep speaking with a prospect at their own booth is a participant.
Belgian courts have generally accepted participant recordings, though the position on using them — particularly in employment contexts — has been more nuanced. For B2B lead capture the question rarely arises.
So on the criminal question: one-party consent.
The APD layer
Belgium applies GDPR through the Act of 30 July 2018, supervised by the Autorité de protection des données / Gegevensbeschermingsautoriteit (APD/GBA).
Two features of the Belgian context matter:
Proximity to the EDPB. Brussels hosts the European Data Protection Board, and Belgian enforcement practice tends to align tightly with EDPB guidance rather than developing idiosyncratic national positions. EDPB guidance on consent — that it must be a clear affirmative act, that silence and pre-ticked boxes do not qualify — is applied directly.
The APD's litigation chamber issues reasoned decisions that are published and cited across Europe. It is not a passive regulator.
Which lawful basis
Consent (Article 6(1)(a)), following the EDPB standard: freely given, specific, informed, unambiguous, and expressed through a clear affirmative action.
Legitimate interests is available in theory but the EDPB's balancing framework — and by extension the APD's — is demanding for audio capture of an identifiable individual who could simply have been asked.
The language question
Belgium has three official languages, and this is a practical issue rather than a technicality.
- Flanders — Dutch
- Wallonia — French
- Brussels-Capital Region — French and Dutch
- East Cantons — German
For a privacy notice, provide it in the language of the region where the event is held. In Brussels, provide both French and Dutch. This is partly a legal question under Belgian language legislation and partly a straightforward transparency question: a notice nobody can read does not inform anybody.
French: "J'enregistre notre conversation pour que mes notes soient exactes — êtes-vous d'accord ?"
Dutch: "Ik neem ons gesprek op zodat mijn aantekeningen kloppen — vindt u dat goed?"
In Brussels, opening in one and switching to the visitor's preference is entirely normal and generally appreciated.
Practical process
- Ask before recording starts
- Wait for an explicit oui / ja
- Keep the recording indicator visible
- Log the consent, with a timestamp
- Stop immediately on any objection
Minimisation
If the purpose is capturing an accurate lead, that purpose completes when name, company, requirement and next step reach the CRM. Retaining raw audio afterwards serves no declared purpose.
Extract, then delete. This is how Confee is designed — the conversation becomes structured CRM fields and raw audio need not be retained. Given how closely Belgian practice tracks EDPB guidance on minimisation, this is the design a Belgian regulator would expect to see.
Belgian booth checklist
Before the show
- Privacy notice in the correct regional language(s), via QR code
- Lawful basis documented — consent recommended
- Retention period defined
- Register of processing activities updated (Article 30)
Per conversation
- Ask before starting, in the regional language
- Wait for an explicit yes
- Recording indicator visible
- Log the consent
- Stop on objection
After the show
- Delete raw audio once fields extracted
- Handle rights requests within one month
The short version
Belgium's criminal law leaves participants alone. Its data-protection authority applies EDPB standards closely, which means consent must be a genuine affirmative act and minimisation is expected rather than optional.
Because Belgium tracks EU-wide guidance so closely, a process built for Belgium travels well across the rest of the Union.
Related reading:
- Is Recording Sales Conversations Legal? — the cross-jurisdiction overview
- Recording Consent at Dutch Trade Shows — the neighbouring regime
- GDPR-Compliant Lead Capture — the data-protection side in full
FAQ
Can you record a conversation you take part in in Belgium?
Yes. Article 314bis Code pénal criminalises listening to or recording private communications when you are not a participant. As a participant you fall outside it. Belgium is one-party consent on the criminal question.
Who is the Belgian data protection authority?
The APD/GBA — Autorité de protection des données / Gegevensbeschermingsautoriteit — applying GDPR with the Belgian Act of 30 July 2018. Belgian practice tracks EDPB guidance closely.
Does Belgium have language requirements for privacy notices?
Belgium has three official languages and language legislation applies in various contexts. Provide the notice in the language of the region: Dutch in Flanders, French in Wallonia, both in Brussels-Capital.
What should a rep say before recording at a Belgian booth?
Match the regional language. In Brussels, opening in French or Dutch and switching to the visitor's preference is normal. Ask plainly, wait for an explicit yes, keep the indicator visible, log the consent.