Any organization which employs call recording software must be aware of the legal requirements that govern the use of such tools. Call recording laws differ among geographic regions. Failure to comply with these legal restrictions could result in severe penalties, both financial as well as reputational.
Here is a brief summary of laws in several countries:
USA - 12 states in the U.S. require full consent from all parties on a call in order to lawfully record. The remaining states do not. Click here to view a state-by-state chart on state-level call recording laws.
Acceptable Forms for Notification about call recording include:
- Verbal (oral) notification before the recording is made.
- Prior verbal (oral) or written notification of all parties to the telephone conversation.
- An audible beep tone repeated at regular intervals during the call.
UK and European Union - Call recording laws in the U.K. (which includes England, Scotland, Wales and Northern Ireland) and the 28 member countries in the European Union (EU) differ from those in the U.S. The UK and EU now follow two strict privacy laws which include mandates and guidance for recording calls:
- GDPR (General Data Protection Regulation)
- MiFID II (Markets in Financial Instruments Directive II)
Australia - You cannot record.
Canada - You can record but need consent.
Hong Kong - You can record with consent.
India - You can record but consent is unclear.
Japan - You can record but consent is required.
New Zealand - You can record. No consent required.
Singapore - You can record. Consent is unclear.
Romania - You can record. Consent is unclear.