Law note · Belgium
Act of 30 July 2018 Article 10/1, Recorded Commercial Communications
Article 10/1, read verbatim, permits recording an electronic communication and its traffic data in lawful commercial transactions as proof, on condition the parties are informed of the recording, its precise purposes, and the storage period before the recording, with data erased at the latest when the transaction can no longer be challenged in court.
Paragraph 2 separately permits listening to and recording calls solely to monitor service quality in call centres, on prior information to staff, with a maximum retention of one month. This is the Belgian provision most likely to bind a voice-recording product, distinct from the biometric rules above.
What it asks of an app
- Inform both parties of a call or communication recording, its precise purposes, and its storage period before recording it for proof of a commercial transaction with a person in Belgium, and erase the data once the transaction can no longer be challenged in court.
- Limit a call-centre quality-monitoring recording to a maximum one-month retention, with prior information to staff, under Act Article 10/1 paragraph 2.
When LexLint raises it
Declared activities: processes_voice, deploys_chatbot, automated_outreach
Primary source: Moniteur belge, 5 September 2018, Art. 10/1 (direct read, verbatim)
Justel amendment record