Can you record a phone call in Denmark?
You may record a call you take part in without the other person's consent. The Criminal Code only bans secretly recording conversations between others. A business must announce the recording and often needs the caller's active consent, such as a keypress.
- Phone calls
- Section 263 of the Criminal Code (straffeloven) punishes secretly listening to or recording, with a device, private statements, phone calls or other conversations between others, or closed meetings that you do not take part in. The Danish Data Protection Agency reads this as: you may only record conversations you take part in. A recording that breaks the Criminal Code cannot be lawful under data protection rules either.
- Business calls
- Datatilsynet's 2024 guidance: to document what was said, a business may record without consent only if notes or follow-up emails cannot realistically do the job; otherwise it needs active consent. For training and quality, use consent or let callers opt out first. Announce the recording and purpose, link to a page with details, delete after about 3 months unless needed, and give people access.
- What counts as consent
- Consent must be an active, clear act, such as pressing a key. Silence or simply staying on the line is not consent. Without consent, tell callers before recording why the call is recorded and where to read more, including their right to object.
- Penalties
- Secretly recording other people's conversations: a fine or up to 6 months in prison, rising to 6 years in aggravated cases such as business espionage. GDPR fines go up to EUR 20 million or 4% of turnover.
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?
- Danish
Inden vi går i gang: Jeg optager mine samtaler, så jeg kan tage præcise noter. Er det i orden?
Worth knowing
- Datatilsynet's call recording guidance dates from April 2024. Its small-business FAQ is stricter: to record calls between staff and customers for training, ask the customer for consent.
- The exemption for purely personal use covers your own private recordings, but sharing or using them later may fall outside it and need a legal basis.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
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Questions
Is Denmark a one-party consent country?
Yes. You may record a call you take part in without the other person's consent. The Criminal Code only bans secretly recording conversations between others. A business must announce the recording and often needs the caller's active consent, such as a keypress.
Can a business record calls in Denmark?
Datatilsynet's 2024 guidance: to document what was said, a business may record without consent only if notes or follow-up emails cannot realistically do the job; otherwise it needs active consent. For training and quality, use consent or let callers opt out first. Announce the recording and purpose, link to a page with details, delete after about 3 months unless needed, and give people access.
What counts as consent in Denmark?
Consent must be an active, clear act, such as pressing a key. Silence or simply staying on the line is not consent. Without consent, tell callers before recording why the call is recorded and where to read more, including their right to object.
What happens if you record a call illegally in Denmark?
Secretly recording other people's conversations: a fine or up to 6 months in prison, rising to 6 years in aggravated cases such as business espionage. GDPR fines go up to EUR 20 million or 4% of turnover.
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.
