Alerting telephone call participants about extra participants – does the law apply?

BELTUG was asked by one its members whether there is legislation in place that requires telephone call participants to be alerted (for example via a “beep”) when an additional person joins the call.  For example, in a call between two people, should one participant conference in a third person, can he/she do so without letting the other know?

BELTUG Response:

The law is clear on this.  Article 314bis of the penal code (Strafwetboek) makes it punishable to intentionally listen in or record a private communication or telecommunication without the permission of all the participants in that communication.  Important to note, private communication is broadly defined – it can encompass communication in business/professional contexts.  In fact, any communication that is not intended to be heard or received by everyone should be regarded as private communication. 

If permission is obtained from all participants then one is not breaking the law.  However, a “beep” is not a sufficient warning to one’s correspondent that a third person is listening in.  The message should be sufficiently clear so that the correspondent can refuse to continue the communication.  The sample applies to the setting up of a conference call: the correspondent must be warned upfront that a third person (or persons) will be listening to the conversation.

We thank Agoria for the support