Can you record a phone call in Italy?
You may record a call you take part in without telling the other person. Italy's Court of Cassation treats such a recording as a lawful document, not an interception, but a business must still give GDPR notice.
- Phone calls
- Article 617 of the Criminal Code punishes fraudulently learning the content of phone calls between other people or not addressed to you. A participant is outside that offence. The Court of Cassation has repeatedly held that a participant's recording, even made secretly, is not an interception but documentary evidence (for example, Section II no. 16886/2007 and Section I no. 6297/2010).
- Business calls
- A business that records calls processes personal data, so the GDPR applies. Give the basic information notice (informativa) at the start: who is recording and why. Retention, rights and other details can follow by email or a link. Record only for a clear purpose, such as proof of an agreement, and delete recordings when that purpose ends.
- What counts as consent
- A private participant needs no notice or consent to record. A business must give the GDPR notice: a short announcement of the recording and its purpose at the start of the call, with a link to the full privacy notice.
- Penalties
- Fraudulently learning, interrupting or blocking other people's calls: 18 months to 5 years in prison, or 3 to 8 years in aggravated cases (Criminal Code 617). GDPR breaches: fines up to €20 million or 4% of worldwide 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?
- Italian
Prima di iniziare: registro le mie chiamate per poter prendere appunti precisi. Le va bene?
Worth knowing
- Making a recording and sharing it are separate questions: data protection rules still govern how a recording is used or passed on, even when making it was lawful.
- Recent rulings keep the same line. In 2025 (Section V, no. 27569/2025) the Court confirmed that recordings of in-person talks by people entitled to be present are documentary evidence.
- Article 617 was last amended by Law no. 238 of 23 December 2021, which raised both its penalties from 1 February 2022. Prosecution still normally needs a complaint from the victim.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Codice penale, art. 617 (Normattiva)statute
- Brocardi: Codice penale art. 617 with notesguide
- Brocardi: Codice di procedura penale art. 234 with Cassazione rulings on recordings by a participantguide
- Garante per la protezione dei dati personali: Informativaregulator
- GDPR Article 83 (administrative fines)guide
Other countries
More free tools
Questions
Is Italy a one-party consent country?
Yes. You may record a call you take part in without telling the other person. Italy's Court of Cassation treats such a recording as a lawful document, not an interception, but a business must still give GDPR notice.
Can a business record calls in Italy?
A business that records calls processes personal data, so the GDPR applies. Give the basic information notice (informativa) at the start: who is recording and why. Retention, rights and other details can follow by email or a link. Record only for a clear purpose, such as proof of an agreement, and delete recordings when that purpose ends.
What counts as consent in Italy?
A private participant needs no notice or consent to record. A business must give the GDPR notice: a short announcement of the recording and its purpose at the start of the call, with a link to the full privacy notice.
What happens if you record a call illegally in Italy?
Fraudulently learning, interrupting or blocking other people's calls: 18 months to 5 years in prison, or 3 to 8 years in aggravated cases (Criminal Code 617). GDPR breaches: fines up to €20 million or 4% of worldwide 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.
