Can you record a phone call in Germany?
Everyone on the call must agree before you record it. Under German criminal law, recording another person's non-public words without permission is a crime, even when you take part in the conversation.
- Phone calls
- Section 201 of the Criminal Code (Strafgesetzbuch) makes it a crime to record another person's non-public spoken words without authorization, or to use or share such a recording. There is no exception for participants, so you need the other person's consent. Listening in with a device to words not meant for you is also a crime. The same rule covers face-to-face talks.
- Business calls
- The GDPR also applies. German regulators say recording a call is generally lawful only with the caller's consent, asked before recording starts. Legitimate interest usually does not justify it. Separate rules protect your own staff, and a works council has a say in technology that monitors employees. Investment firms must record calls about client orders, tell clients in advance and keep recordings for five years.
- What counts as consent
- Ask before you start recording and wait for a clear yes, or a key press on an automated line. Regulators say that only offering a chance to object and then carrying on with the call is not valid consent. Keep proof that consent was given.
- Penalties
- Recording or sharing without permission: up to 3 years in prison or a fine (up to 5 years for public officials). Attempts are punishable. Recordings and listening devices can be confiscated. GDPR fines are separate.
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 Gespräche auf, damit ich genaue Notizen machen kann. Sind Sie damit einverstanden?
Worth knowing
- The consent rule for businesses comes from a joint resolution of the German data protection authorities (Datenschutzkonferenz, 23 March 2018). That consent does not cover biometric analysis of the caller's voice.
- Repeating in public what an unlawfully recorded person said is punishable only if it can harm their legitimate interests. It is not unlawful when it serves overriding public interests (Section 201(2)).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Strafgesetzbuch § 201: Verletzung der Vertraulichkeit des Wortesstatute
- Datenschutzkonferenz: Beschluss vom 23.03.2018, Aufzeichnung von Telefongesprächenregulator
- Wertpapierhandelsgesetz § 83 (recording of client order calls)statute
- Betriebsverfassungsgesetz § 87(1) no. 6 (works council co-determination on monitoring technology)statute
- datenschutzticker.de: Aufzeichnung von Telefongesprächen, Einwilligung erforderlich?guide
Other countries
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Questions
Is Germany a one-party consent country?
No. Everyone on the call must agree before you record it. Under German criminal law, recording another person's non-public words without permission is a crime, even when you take part in the conversation.
Can a business record calls in Germany?
The GDPR also applies. German regulators say recording a call is generally lawful only with the caller's consent, asked before recording starts. Legitimate interest usually does not justify it. Separate rules protect your own staff, and a works council has a say in technology that monitors employees. Investment firms must record calls about client orders, tell clients in advance and keep recordings for five years.
What counts as consent in Germany?
Ask before you start recording and wait for a clear yes, or a key press on an automated line. Regulators say that only offering a chance to object and then carrying on with the call is not valid consent. Keep proof that consent was given.
What happens if you record a call illegally in Germany?
Recording or sharing without permission: up to 3 years in prison or a fine (up to 5 years for public officials). Attempts are punishable. Recordings and listening devices can be confiscated. GDPR fines are separate.
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.
