Can you record a phone call in Malta?
You may record a call you take part in without the other person's consent. Maltese law bans interception only by people who are not on the call, but a business that records calls must tell callers under the GDPR.
- Phone calls
- Regulation 4 of the Processing of Personal Data (Electronic Communications Sector) Regulations (S.L. 586.01) forbids anyone other than the user to listen to, tap, store or otherwise intercept communications without the user's consent. A participant is a user, so recording your own call is not caught. The Criminal Code has no general offence of recording a conversation you take part in.
- Business calls
- A business that records calls must follow the GDPR: tell callers at the start that the call is recorded and why, have a lawful basis, and keep recordings only as long as needed. Regulation 4(2) leaves room for authorised recording in lawful business practice to prove a transaction. In 2022 the IDPC reprimanded an organisation for not telling a caller the call was recorded.
- What counts as consent
- Start the call with an announcement that it is recorded and why. That covers the first step of the GDPR notice duty. Give the full privacy notice (retention period, rights, contact details) by email or a link.
- Penalties
- Breaching the electronic communications regulations: administrative fine up to €23,293.73 per violation, plus €2,329.37 for each day it continues. 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?
- Maltese
Qabel ma nibdew: nirrekordja t-telefonati tiegħi biex inżomm noti preċiżi. Taqbel li nagħmel dan?
Worth knowing
- No Maltese statute or court ruling found deals directly with a participant recording a call. The one-party reading rests on the wording of regulation 4 and the absence of a Criminal Code offence.
- The practical risk for a business is data protection, not criminal law: in the 2022 IDPC case, recording without telling the caller broke Article 13 of the GDPR.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Processing of Personal Data (Electronic Communications Sector) Regulations, S.L. 586.01statute
- Criminal Code, Chapter 9 of the Laws of Maltastatute
- Information and Data Protection Commissioner: decisions (2022 reprimand for an unannounced call recording)regulator
- GDPR Article 13 (information to be provided)guide
- GDPR Article 83 (administrative fines)guide
Other countries
More free tools
Questions
Is Malta a one-party consent country?
Yes. You may record a call you take part in without the other person's consent. Maltese law bans interception only by people who are not on the call, but a business that records calls must tell callers under the GDPR.
Can a business record calls in Malta?
A business that records calls must follow the GDPR: tell callers at the start that the call is recorded and why, have a lawful basis, and keep recordings only as long as needed. Regulation 4(2) leaves room for authorised recording in lawful business practice to prove a transaction. In 2022 the IDPC reprimanded an organisation for not telling a caller the call was recorded.
What counts as consent in Malta?
Start the call with an announcement that it is recorded and why. That covers the first step of the GDPR notice duty. Give the full privacy notice (retention period, rights, contact details) by email or a link.
What happens if you record a call illegally in Malta?
Breaching the electronic communications regulations: administrative fine up to €23,293.73 per violation, plus €2,329.37 for each day it continues. 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.
