Recording and the law

The Netherlands

You may record a conversation you take part in, even without the other person knowing.

• Recording a conversation you do not take part in (eavesdropping) is a criminal offence.
• Sharing or publishing a recording is another matter: privacy law (GDPR) applies and it can be unlawful.
• At work there are extra rules: an employer must say beforehand whether and why conversations are recorded.

Belgium

You may record a conversation you take part in.

• Recording communication you do not take part in, without the participants’ consent, is a criminal offence.
• Using and sharing the recording can still breach privacy law (GDPR).

Germany

Stricter: secretly recording a non-public conversation is a criminal offence, even if you take part yourself.

• Ask everyone for consent beforehand; recording without it can be a crime (§ 201 StGB).
• This also applies to online meetings and phone calls.

Austria

Recording your own conversation is allowed in principle; listening in on others is not.

• Letting a third party hear a recording of what someone said in private, without consent, can be a criminal offence (§ 120 StGB).
• So ask for consent if you want to share the recording, and preferably before you record.

Switzerland

Strict: you may not record even a conversation you take part in without the others’ consent.

• Recording a non-public conversation without consent is a criminal offence (art. 179ter StGB).
• Ask everyone for consent beforehand.

United Kingdom

As a private person you may record your own conversations.

• Sharing or publishing can breach privacy and data protection law (UK GDPR).
• Businesses must tell participants when calls are recorded.

Ireland

You may record a conversation you take part in (the consent of one participant is enough).

• The GDPR applies to using and sharing the recording.
• Organisations must say beforehand that they record.

United States

Under federal law, and in most states, you may record a conversation you take part in (one-party consent). Some states require the consent of everyone.

• When participants are in different states, follow the strictest rule: ask everyone for consent.
• Businesses often announce at the start of a call that it is recorded; do the same.

States where everyone must consent (two-party / all-party consent)

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Some of these states have nuances (for example only for phone calls, or the courts differ). In the US, therefore, always ask everyone.