DISCLAIMER: the information provided below is for informational purposes only. Please consult your legal counsel if you have specific questions on compliance with any relevant laws.
United States Call Recording: One-party vs. Two-party Consent
When it comes to the legality of call recording in the United States, states typically adopt a one-party consent policy or a two-party consent policy. An one-party consent policy states that you'll only need consent from one of the parties participating in a call in order to record. Since you are one of the parties, and you should be consenting to your own call being recorded, this policy typically means you are all set to record. Some states, however, have opted for a two-party consent policy (often known as all-party consent,) where all parties have to be informed that the call is being recorded. Whether a state is one-party or two-party it is best practice to obtain consent from all parties in the call regardless of location.
One-Party Consent States:
Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming
Two-Party Consent States:
California, Connecticut, Delaware, Florida, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Vermont, and Washington.
*Outreach will require users to manually confirm consent while initiating a call with a two-party consent state based phone number.
International Call Recording:
International call recording regulations vary widely, and the local government’s telecommunications authority should be consulted prior to initiating a call recording system. Many countries do not have specific laws covering telecommunication issues, and thus operate on a case-by-case basis. When in doubt it is best practice to obtain consent from all parties in the call.
If a call is to be recorded or monitored, you must inform parties at the beginning of the conversation so that the respective parties have the chance to either end the call, or to ask to be transferred to another line where monitoring or recording does not take place (if this is available).
In the state of Queensland, however, it is not illegal to simply record a telephone conversation if you are a party to the conversation.
Canada has an "all-parties' consent" approach: to record a call, you need to obtain informed consent by notifying others on the call
(1) That you intend to record the conversation,.
(2) Any purposes the recording will be used for.
(3) That the call may only be recorded with each person's consent.
For more details on Canada's approach, you can take a look at the Privacy Commissioner's Guidelines for Recording Customer Calls.
Germany is a two party consent country, meaning telephone recording without the consent of the two or, when applicable, more, parties is a criminal offense. In addition, Germany requires that VOIP users have a German address to use a German number.
Irish law states that the purpose of the recording should be explained in detail, so the parties participating can give informed consent.
Call recording in the UK is subject to several laws. It’s best to think of the UK as a Two Party Consent jurisdiction.
We currently do not support calls to/from the Maldives. Please reach out to email@example.com if you need more information.
While we've listed certain countries above, it is by no means a complete list. Before making a call to a new country, we recommend making sure that you and your legal team have an understanding of any regulations there.