Article 139a Dutch Criminal Code

Paragraph 1

Any person who, by means of a technical device, intentionally does the following in respect of a conversation held in a dwelling, enclosed premises or yard is liable to a term of imprisonment not exceeding six months or a fine of the fourth category:

1. listens in on it otherwise than on the instructions of a participant in that conversation;

2. records it without being a participant in that conversation and otherwise than on the instructions of such a participant.

Paragraph 2

Paragraph 1 does not apply to recording:

1. data processed or transferred by means of telecommunications or by means of a computer system;

2. save in the case of manifest abuse, with a technical device that is not secretly present on the authority of the person by whom the dwelling, the premises or the yard is used;

3. in implementation of the Intelligence and Security Services Act 2017.