Can you record a phone call in Austria?
Get everyone's agreement before you record. Recording your own call is not a crime in Austria, but the Supreme Court treats a secret recording as unlawful under civil law, and sharing it without consent is a crime.
- Phone calls
- Section 120 of the Criminal Code (StGB) punishes using a recording or listening device to capture statements not meant for you. It also punishes giving a recording of someone's non-public words to a third party, or publishing it, without the speaker's consent. Civil law goes further: the Supreme Court (OGH) holds that secretly recording a business talk or phone call violates the speaker's right to their own words.
- Business calls
- The GDPR and the Austrian Data Protection Act apply. In 2026 the Federal Administrative Court (BVwG) confirmed that recording callers without prior, informed and active consent breached their right to secrecy. A legitimate interest in quality control did not justify recording, because less intrusive options existed. A general legal duty to ensure quality was not a duty to record.
- What counts as consent
- Ask at the start and record only after a clear yes. In 2026 court decisions, an automated message that the call is recorded, a clause in the small print, or an unclear remark during the call did not count as consent.
- Penalties
- Section 120: up to 1 year in prison or a fine of up to 720 daily rates (telecom interception: up to 3 months or 180 daily rates). Prosecuted only with the victim's authorization. Civil claims for deletion, and GDPR fines.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
- German
Bevor wir beginnen: Ich zeichne meine Telefonate auf, damit ich genaue Notizen machen kann. Sind Sie damit einverstanden?
Worth knowing
- Section 120 does not make it a crime to record a call you take part in, so Austria can look one-party. The stricter civil-law rule (OGH RS0031784, applied again in July 2025) is used here.
- A secret recording is justified only in narrow cases, such as when you could not otherwise enforce a claim in court. The judge weighs both sides' interests. Wanting especially strong evidence is not enough (OGH 1 Ob 1/20h).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Strafgesetzbuch § 120: Missbrauch von Tonaufnahme- oder Abhörgeräten (RIS)statute
- OGH Rechtssatz RS0031784: secret recording of business talks and phone calls is unlawful (RIS)court
- BVwG W252 2289522-1 of 23 April 2026: service hotline recording without active consent (RIS)court
- dataprotect.at: BVwG on secret recording without consent (July 2026)guide
- jusguide.at: OGH on secret recordings as evidence (1 Ob 1/20h)guide
Other countries
More free tools
Questions
Is Austria a one-party consent country?
No. Get everyone's agreement before you record. Recording your own call is not a crime in Austria, but the Supreme Court treats a secret recording as unlawful under civil law, and sharing it without consent is a crime.
Can a business record calls in Austria?
The GDPR and the Austrian Data Protection Act apply. In 2026 the Federal Administrative Court (BVwG) confirmed that recording callers without prior, informed and active consent breached their right to secrecy. A legitimate interest in quality control did not justify recording, because less intrusive options existed. A general legal duty to ensure quality was not a duty to record.
What counts as consent in Austria?
Ask at the start and record only after a clear yes. In 2026 court decisions, an automated message that the call is recorded, a clause in the small print, or an unclear remark during the call did not count as consent.
What happens if you record a call illegally in Austria?
Section 120: up to 1 year in prison or a fine of up to 720 daily rates (telecom interception: up to 3 months or 180 daily rates). Prosecuted only with the victim's authorization. Civil claims for deletion, and GDPR fines.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
