Glossary

Call recording and consent

In Germany, recording a phone call is generally only permitted if the participants were informed beforehand and have consented.

Also: recording phone calls, call recording, recording consent

This entry describes German law; the rules differ from country to country. In Germany the privately spoken word is protected by criminal law: recording it without authorisation can be an offence under section 201 of the Criminal Code (Strafgesetzbuch, StGB). The EU General Data Protection Regulation applies as well, because voice and the content of a call are personal data. A recording needs a legal basis, which in practice is usually explicit consent.

A notice in the greeting alone is generally not enough; consent has to be given actively, for example with a yes or a key press, and it has to be voluntary. Transcripts and summaries without an audio recording are a separate matter with data protection rules of their own. How long recordings are stored and who has access should be settled in advance.

At Call0

According to its privacy policy, Call0 records audio only when recording is enabled, the caller has been informed and any required consent has been obtained. Continuing the call alone does not count as consent.

Call0 privacy policy

Source: Section 201 of the German Criminal Code (StGB), in German

This entry explains the general principle, with a focus on German and EU law, and is not legal advice. For your case, the text of the law and the advice of a qualified professional apply.

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