International Call Recording Laws (2026 Guide)

Recording phone calls outside the United States means navigating a patchwork of consent laws, data-protection regulations, and software restrictions that vary from country to country. This guide covers call recording laws in Canada, the UK, the EU, Australia, Japan, South Korea, Singapore, and other major democracies, and explains why hardware recording solutions remain the only reliable option in regions where Apple and Google block software recording.

For US-specific laws, consult the federal Wiretap Act (18 U.S.C. 2511) and your state’s wiretapping statute.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change frequently, and enforcement varies by jurisdiction. Consult a local attorney for requirements specific to your country and situation.

How Call Recording Laws Work Internationally

One-Party Consent

In one-party consent countries, a person who is part of the conversation can record it without telling the other participants. If you are on the call, you are the “consenting party,” and that is enough. The United States (at the federal level), the United Kingdom, and Canada all follow this model.

All-Party (Two-Party) Consent

In all-party consent countries, every person on the call must know about and agree to the recording before it begins. Germany, France, and most of the EU operate under some version of this standard. Recording without everyone’s permission can be a criminal offense carrying fines or imprisonment.

Business vs. Personal Recording

Many countries draw a distinction between personal and business recording. The United Kingdom, for instance, allows individuals to record their own calls freely for personal use under RIPA 2000, but businesses must comply with stricter requirements under the UK GDPR and the Data Protection Act 2018.

The General Rule for International Calls

When a call crosses borders, there is no single international standard that determines which country’s law applies. In practice, the laws of every jurisdiction involved may apply simultaneously. The safest approach, and the one recommended by most legal professionals, is to comply with the stricter of the two jurisdictions. If you are calling from a one-party consent country to an all-party consent country, treat the call as requiring all-party consent.

Country-by-Country Call Recording Laws

Quick Reference Table

Detailed Country Guides

Canada

Canada follows one-party consent at the federal level under Section 184 of the Criminal Code.

Section 184(1) makes it an indictable offense to knowingly intercept a private communication, punishable by up to 5 years imprisonment. However, Section 184(2) provides the key exception: the prohibition does not apply when one party to the communication consents. If you are on the call and you decide to record, that is legal across Canada at the federal level.

What is prohibited: Setting up a device to record someone else’s conversation when you are not a participant. This is criminal wiretapping, full stop.

Provincial nuances: While federal law sets the baseline, provinces like Quebec have especially strict privacy laws that may require explicit consent for recordings in business and employment contexts. Alberta and British Columbia also have additional provincial privacy statutes that can affect workplace recordings.

Business use: Businesses that record calls (for example, with the standard “this call may be recorded for quality purposes” message) must state the purpose of the recording. Consent can be implied if the caller continues after the notification, but using the recording for a purpose other than what was stated (such as marketing instead of quality control) is prohibited.

United Kingdom

The UK operates under the Regulation of Investigatory Powers Act 2000 (RIPA), which permits one-party consent for personal call recording.

Personal recording: Under RIPA, you can record any call you are a participant in, without informing the other party, as long as the recording is for your own personal use. This includes calls on landlines, mobile phones, and VoIP services. Secret recording is not a criminal offense when kept for personal use.

The critical restriction: Recording becomes illegal when the contents are “made available to a third party” who was neither the caller nor the intended recipient. Sharing a recording publicly or selling it without consent from all participants could constitute a criminal offense.

Business recording: The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 allow businesses to record calls for purposes such as establishing facts of a business transaction, ensuring compliance with regulatory procedures, quality control, and training. However, businesses must comply with the UK GDPR and the Data Protection Act 2018, which require informing individuals that their calls may be recorded and having a legitimate purpose for doing so.

Use as evidence: Privately recorded calls can be submitted as evidence in UK courts, but only with the court’s permission.

Germany

Germany has among the strictest call recording laws in the world.

Section 201 of the German Criminal Code (StGB) – “Violation of the Confidentiality of the Spoken Word” – makes it a criminal offense to record the privately spoken words of another person without their consent. This applies to phone calls, video calls (Zoom, Teams, Skype), and in-person conversations.

All-party consent is mandatory. If you are in a conversation with one person, you need their consent. If there are multiple participants, every single one must consent before recording begins.

Penalties are severe: Up to 3 years imprisonment or a fine. For public officials, up to 5 years imprisonment. Recording equipment can be confiscated.

Very limited exceptions exist for self-defense (Section 32 StGB) or necessity (Section 34 StGB), such as when recording is the only way to gather evidence of an ongoing crime that threatens life or safety.

Court admissibility: German courts generally do not permit covertly obtained recordings as evidence, in both criminal and civil proceedings, with only very narrow exceptions.

GDPR adds another layer: Beyond the criminal law, call recording triggers Germany’s rigorous data protection requirements, requiring documented legal basis, purpose limitation, and data subject rights.

France

France enforces all-party consent under Article 226-1 of the Penal Code.

It is a criminal offense to intentionally capture, record, or transmit words spoken in private or confidentially without the consent of their author. This applies to all forms of communication, including phone calls.

Penalties: Up to 1 year imprisonment and a EUR 45,000 fine. If the violation is committed by a spouse or civil partner, penalties increase to 2 years imprisonment under Article 226-3.

Article 226-2 separately criminalizes the possession, use, or disclosure of illegally obtained recordings.

Implied consent exception: If recording is conducted in full view of all parties and none of them objects when they are in a position to do so, consent may be presumed. This is a narrow exception.

Business requirements: French businesses must comply with GDPR and follow guidance from the CNIL (Commission Nationale de l’Informatique et des Libertes). Recordings for business purposes such as training must be deleted within six months unless otherwise justified.

Australia

Australia has one of the more complicated frameworks because federal and state laws operate concurrently, and the stricter law always prevails.

Federal law: The Telecommunications (Interception and Access) Act 1979 prohibits intercepting communications passing through telecommunications systems. Section 7 prohibits intercepting a phone call where “interception” includes recording made without the knowledge of the person making the communication.

The state-by-state breakdown matters significantly:

Which law applies depends on where the person who hits “record” is located. If you are in NSW recording a call with someone in QLD, the stricter NSW law applies to you.

Italy

Italy permits one-party consent for recording but restricts sharing.

Under Italian law, a participant in a phone conversation may record it without informing the other party. The Italian Penal Code (Article 615-bis) and the Privacy Code (D.Lgs. 196/2003, as amended by D.Lgs. 101/2018) govern how recordings are made and used.

Recording is legal; sharing may not be. While you can record a call you are part of, publishing or disclosing the recording without the other party’s consent may violate privacy laws and could lead to criminal liability.

Court admissibility: Italian courts generally accept participant recordings as evidence, provided the recording is authenticated and relevant.

GDPR applies to any recording involving personal data, adding requirements around notification, purpose limitation, and data subject rights for business use.

Spain

Spain follows one-party consent based on constitutional jurisprudence.

The Spanish Constitutional Court has consistently ruled that recording a conversation you participate in does not violate the secrecy of communications guaranteed by Article 18.3 of the Constitution. The reasoning is that only third-party interception – not participant recording – constitutes a breach of communication privacy.

Third-party recording is illegal. Intercepting communications you are not a party to is a criminal offense.

Data protection: The Organic Law 3/2018 (LOPDGDD), which implements GDPR in Spain, governs how recordings are stored and processed in business contexts.

Netherlands

The Netherlands permits one-party consent for individuals, with stricter rules for businesses.

Under Dutch law, a person participating in a conversation may record it without notifying the other party. There is no general criminal prohibition on participant recording.

Business recording is more restricted. Organizations must comply with the GDPR (implemented in the Netherlands as the Algemene Verordening Gegevensbescherming, or AVG), which requires notification, a documented legal basis, and purpose limitation when recording calls.

Sharing restrictions: While recording for personal use is permitted, sharing or publishing recordings may trigger liability under privacy and data protection law.

Japan

Japan is generally permissive for personal call recording, operating under an effective one-party consent model.

There is no specific statute prohibiting a call participant from recording the conversation. Recording your own calls without the other party’s knowledge is broadly legal. The Act on the Protection of Personal Information (APPI) governs how recorded personal data is stored and handled, but does not prohibit the act of recording itself.

Sharing is the risk area. While recording is permitted, broadcasting or sharing recordings introduces legal complications, particularly regarding privacy rights.

Workplace recordings: Japanese law firms actively advise employees to record workplace conversations for use in labor disputes. Recording is considered a legitimate tool for gathering evidence in cases of workplace harassment, bullying, or unfair dismissal.

Business use: Companies recording calls should obtain consent, and the APPI imposes requirements on how organizations handle recorded personal data.

South Korea

South Korea follows one-party consent under the Protection of Communications Secrets Act. The Supreme Court ruled that it is not illegal for a call participant to secretly record the conversation. However, third-party recording (recording someone else’s call) without consent from both parties is illegal.

Workplace recordings are generally permitted when an employee is a participant and the recording relates to workplace conditions or disputes.

Data protection: South Korea’s Personal Information Protection Act (PIPA) governs the storage and handling of recorded personal data, imposing requirements similar to GDPR.

Singapore

Singapore has a nuanced framework. Individuals may have some leeway for personal recordings, but organizations are subject to the Personal Data Protection Act (PDPA), which effectively requires all-party consent for business recording. Penalties for organizational violations can reach 10% of annual Singapore turnover or S$1 million, whichever is higher.

Personal recording is not explicitly prohibited by statute, but recordings that infringe on privacy may lead to civil liability.

Business compliance requires notification, consent, and documented purpose before recording calls.

GDPR and Call Recording in Europe

The General Data Protection Regulation (GDPR) adds a significant compliance layer on top of each EU country’s domestic recording laws. Even in countries where one-party consent might otherwise apply, GDPR imposes data processing requirements that effectively make European call recording more restrictive.

Call Recordings Are Personal Data

Under GDPR, a voice recording is classified as personal data. Recording, storing, replaying, or sharing a call constitutes “data processing.” This means call recording is not automatically forbidden, but it must be carried out lawfully, transparently, and proportionately.

You Need a Legal Basis (Article 6)

Before recording any call involving EU residents, you must establish one of the six lawful bases under Article 6 of the GDPR:

1. Consent – The caller has given explicit, informed, freely given consent to be recorded for a specific purpose.
2. Contractual necessity – The recording is necessary to fulfill a contract the caller is party to.
3. Legal obligation – Recording is required by law (for example, MiFID II requires investment firms to record certain calls).
4. Vital interests – Recording is necessary to protect someone’s life (rare in practice).
5. Public interest – Recording serves an official public function.
6. Legitimate interest – Recording serves a legitimate business purpose (such as training or quality assurance) that does not override the caller’s privacy rights. This requires a documented balancing test.

A simple statement that “calls may be recorded” is not sufficient under GDPR. You must secure informed, affirmative consent or clearly document your alternative legal basis.

Data Subject Rights Apply to Recordings

GDPR gives individuals specific rights over their recorded calls:

• Right to be informed: Callers must be told that the call is being recorded, the purpose, the legal basis, the retention period, and their rights.
• Right of access: If a caller requests a copy of their recording, you must provide it within one month (extendable by two further months for complex requests).
• Right to erasure: If consent was the legal basis and the individual withdraws consent, you must delete the recording (unless another legal basis applies).
• Right to object: When legitimate interest is the basis, individuals can object to the recording. You must respect the objection unless there are compelling reasons not to.

Storage and Security Requirements

• Recordings must be encrypted at rest and in transit.
• Access must be limited through role-based controls.
• Retention periods must be defined and documented. You cannot keep recordings indefinitely.
• You must be able to demonstrate compliance (accountability principle).

Penalties for Non-Compliance

GDPR fines can reach up to EUR 20 million or 4% of global annual turnover, whichever is higher. A Data Protection Impact Assessment (DPIA) may be mandatory when recording at scale.

Where Apple and Google Block Built-In Call Recording

Both Apple and Google have restricted software-based call recording features in numerous countries, often going beyond what local laws strictly require. This is one of the primary reasons customers around the world turn to hardware recording solutions.

Apple iOS Call Recording: Blocked Regions

Apple introduced native call recording but blocks the feature in many countries and regions:

• The entire European Union (all 27 member states)
• Many other countries across the Middle East, Africa, and Asia

Apple checks the device’s region setting (not SIM card or GPS location) to determine availability. If your iPhone region is set to any blocked country, the record button simply does not appear.

Google/Android Call Recording Restrictions

Google removed all third-party call recording apps from the Play Store, citing misuse of the Accessibility API. The Google Phone app offers built-in recording in some countries but hides the feature entirely in others based on region settings. Google does not publish an explicit list of blocked countries.

Samsung, which previously offered its own call recording feature, has also disabled it in EU countries and other restricted regions – not necessarily for legal reasons but because Google’s Android restrictions prevent it from working properly at the OS level.

Google has rolled out native call recording to recent Pixel phones, but availability still depends on regional settings. In many countries, the toggle simply does not appear.

Why Hardware Recording Still Works Everywhere

Software-based recording is controlled by operating system vendors who apply broad regional restrictions. A hardware audio adapter like RECAP S2 operates independently of your phone’s operating system. It connects between your phone and a compatible wired headset and adapter, routing audio to a separate recording device. There is no app to restrict, no OS toggle to disable, and no cloud service that can be blocked by region.

This makes hardware recording the only reliable option for people in the EU and many other regions where Apple and Google have disabled software recording – even in countries where call recording is legal for personal use (like the UK under RIPA 2000).

Cross-Border Call Recording: Which Law Applies?

International calls create a unique legal challenge: whose law governs the recording?

There Is No Single International Standard

No treaty or international agreement establishes which country’s call recording law takes precedence. In practice, both countries’ laws may apply simultaneously.

The Practical Rule: Follow the Stricter Law

If you are in the United States (one-party consent at the federal level) and calling someone in Germany (all-party consent), you must comply with German law. A US-based sales team calling clients in Germany must obtain all-party consent before recording, regardless of what US law permits.

Similarly, if you are in the UK (one-party consent for personal use) and calling someone in France (all-party consent), French law’s requirement for consent from all parties applies.

Business Implications

For organizations operating across borders:

• Default to disclosure. When in doubt, inform all parties and obtain explicit consent before recording.
• Know your markets. Before making recorded calls into a new country, research that country’s specific requirements.
• Set retention policies. Different jurisdictions have different rules about how long recordings can be stored. Match your retention policy to the strictest applicable standard.
• Consult local counsel. If your business regularly records calls into specific countries, get a legal opinion from an attorney licensed in that jurisdiction.

Frequently Asked Questions

Can I record a business call in Europe without telling the other person?

In most EU countries, no. Germany, France, and the majority of EU member states require all-party consent. Even where domestic law might be more permissive (like the UK), the GDPR imposes transparency requirements that effectively require notification. The safest practice is to always inform all participants before recording any business call in Europe.

Is it legal to record calls in Australia?

It depends on which state you and the other party are in. Queensland, Victoria, and the Northern Territory permit one-party consent (though Victoria and NT restrict sharing). New South Wales, South Australia, Western Australia, Tasmania, and the ACT require all-party consent. When in doubt, follow the stricter state’s rules.

What happens if I record a call illegally in another country?

Penalties vary dramatically. In Germany, you face up to 3 years imprisonment. In France, up to 1 year imprisonment and EUR 45,000 in fines. Even in countries with lighter criminal penalties, you may face civil lawsuits for privacy violations, and illegally obtained recordings are often inadmissible in court.

Why can’t I use the iPhone call recording feature in my country?

Apple blocks iOS call recording in the entire EU and many other countries. This is Apple’s policy decision based on regional legal considerations – it does not necessarily mean recording is illegal in your country. A hardware recording solution like RECAP S2 works independently of your phone’s operating system and is not subject to these software restrictions.

Does GDPR apply to personal call recordings?

GDPR primarily applies to organizations processing personal data in a professional or commercial context. The “household exemption” (Article 2(2)(c)) means that purely personal or household activities are generally outside GDPR’s scope. However, this exemption is narrow. If you share a personal recording publicly, or if you record in a business capacity, GDPR applies. When in doubt, treat any recording involving EU residents as subject to GDPR.

Do I need all-party consent for every call in the EU?

Not necessarily. Some EU countries (like Italy, Spain, and the Netherlands) allow one-party consent for personal participant recording under domestic law. However, GDPR’s transparency and data protection requirements still apply to business recordings across all EU member states. The distinction between personal and business recording matters significantly.

Can I use a hardware recorder in countries where software recording is blocked?

Yes. Apple and Google block software-based recording through operating system restrictions. A hardware solution like RECAP S2 captures audio through a wired connection and records to a separate device – it is not affected by software restrictions. However, you are still responsible for complying with the call recording laws in your jurisdiction. The hardware works everywhere; the legal requirements still vary by country.

What is the safest approach for international calls?

Follow the stricter law. If either country requires all-party consent, treat the call as requiring all-party consent. Inform all participants that the call is being recorded, state the purpose, and give them the opportunity to object. This approach keeps you compliant in virtually every jurisdiction.

Record Calls Anywhere with RECAP S2

Call recording laws vary by country, but one thing is consistent: Apple and Google are making software recording harder everywhere. iOS blocks recording in the EU and dozens of other countries. Google removed third-party recording apps from the Play Store. Samsung has disabled its recording feature in restricted regions.

RECAP S2 is a hardware audio adapter that works with any phone, in any country, regardless of operating system restrictions. No apps, no batteries, no subscriptions. It records calls locally to a standard audio recorder – your calls never touch a server.

• $99 with worldwide shipping
• Works with iPhones and Android phones
• Requires a compatible wired headset and adapter for modern phones without a headphone jack, plus a separate audio recorder
• Not affected by iOS or Android software restrictions

Important: RECAP S2 provides the technical capability to record calls. It is your responsibility to comply with the call recording laws in your jurisdiction. Always research the laws that apply to your situation before recording.

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