Can you record a phone call in Estonia?
You may record a call you take part in without the other person's consent. Only outsiders who intercept messages commit a crime. A business must still tell the other person at the start, because data protection law applies.
- Phone calls
- The Penal Code (Karistusseadustik, section 156) punishes violating the confidentiality of messages sent by letter or other means of communication. In 2009 the Supreme Court held that only someone who is neither the sender nor the recipient can commit this offence, and that recording your own call is not surveillance. A private person may record their own calls. Sharing the recording is a separate question under data protection law.
- Business calls
- A recorded voice is personal data, so the GDPR and the Personal Data Protection Act apply. A business needs a legal basis (legitimate interest, contract or consent), a specific purpose, a retention period and a real need to record. Tell the other person at the start of the call and staff in advance. Callers can ask for a copy.
- What counts as consent
- Say it at the start of the call and give the purpose. If you rely on consent, it must be freely given: the Data Protection Inspectorate says silence or simply staying on the line is not consent, so ask for a clear yes.
- Penalties
- Violating the confidentiality of messages: a fine, or up to 1 year in prison for someone who reached the message through their job. Companies can be fined too. Data protection fines can reach 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?
- Estonian
Ütlen kohe alguses ära: salvestan oma kõnesid, et märkmed oleksid täpsed. Kas teile sobib?
Worth knowing
- Supreme Court case 3-1-1-5-09 (2009): recording your own call is not surveillance, and only an outsider can breach the confidentiality of messages. Lawmakers have not made it an offence to store or disclose messages sent to you.
- In 2019 (case 3-17-842) the Supreme Court found an official's secret recording of her appraisal interview lawful: proving workplace bullying outweighed the others' privacy. It mattered that she shared it only with the people investigating.
- The inspectorate's 2012 guide, written under the pre-GDPR law, told companies to inform callers at the start and get consent. Under the GDPR, insurers in its 2024 review relied on contract or legitimate interest.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Karistusseadustik (Penal Code), current version, Riigi Teatajastatute
- Riigikohus (Supreme Court), case 3-1-1-5-09, 26 March 2009court
- Riigikohus (Supreme Court), case 3-17-842, 6 June 2019court
- Telefonikõnede salvestamine, Andmekaitse Inspektsioon yearbook 2024regulator
- Telefonikõnede seire (2023 review of call recording in the public sector), Andmekaitse Inspektsioonregulator
Other countries
More free tools
Questions
Is Estonia a one-party consent country?
Yes. You may record a call you take part in without the other person's consent. Only outsiders who intercept messages commit a crime. A business must still tell the other person at the start, because data protection law applies.
Can a business record calls in Estonia?
A recorded voice is personal data, so the GDPR and the Personal Data Protection Act apply. A business needs a legal basis (legitimate interest, contract or consent), a specific purpose, a retention period and a real need to record. Tell the other person at the start of the call and staff in advance. Callers can ask for a copy.
What counts as consent in Estonia?
Say it at the start of the call and give the purpose. If you rely on consent, it must be freely given: the Data Protection Inspectorate says silence or simply staying on the line is not consent, so ask for a clear yes.
What happens if you record a call illegally in Estonia?
Violating the confidentiality of messages: a fine, or up to 1 year in prison for someone who reached the message through their job. Companies can be fined too. Data protection fines can reach 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.
