Can you record a phone call in Poland?
Get the other person's consent before you record. Recording your own call is not a crime in Poland, but the Supreme Court treats a secret recording as a breach of personal rights under civil law, and a business must also follow the GDPR.
- Phone calls
- Article 267 of the Criminal Code (Kodeks karny) punishes getting information not meant for you, for example by connecting to a telecom network or using a listening device, and passing it on. Your own call is meant for you, so recording it is not a crime. Civil courts go further: secretly recording a conversation, even a business one, can breach personal rights (Civil Code Articles 23 and 24).
- Business calls
- The GDPR (RODO) applies when a business records calls: it needs a legal basis and must tell callers who records, why and for how long, when recording starts. The data protection authority (UODO) says an employer may not invade staff privacy, for example by monitoring their phone calls, without a serious reason linked to the nature of the work.
- What counts as consent
- Ask at the start and record only after the other person agrees. In business talks, a court held that you must tell the other side you want to record. A business must also give the GDPR information (who records, why, how long) or say where to find it.
- Penalties
- Article 267: a fine, restriction of liberty or up to 2 years in prison, prosecuted only at the victim's request. Civil courts can order a secret recording destroyed. GDPR fines from the UODO 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?
- Polish
Zanim zaczniemy: nagrywam swoje rozmowy, żeby móc robić dokładne notatki. Czy wyraża Pan/Pani na to zgodę?
Worth knowing
- Criminal law alone would make Poland one-party. The Supreme Court (I CSK 292/17, 2018) held that secretly recording someone breaches their personal rights, and a court applied this to business talks in 2024, so the stricter reading is used here.
- The 2025 and 2026 amendments to the Criminal Code (up to Dz.U. 2026 poz. 988) did not reword Article 267. A July 2026 change only widened a cross-reference to it in Article 269b.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Kodeks karny, consolidated text, Dz.U. 2025 poz. 383 (Sejm ELI)statute
- Sejm ELI: Kodeks karny (Dz.U. 1997 nr 88 poz. 553), status and amending actsstatute
- Act of 15 May 2026 amending the Criminal Code (Dz.U. 2026 poz. 902)statute
- Sąd Apelacyjny w Krakowie, I ACa 609/23 of 21 June 2024: secret recording of business talks, applying SN I CSK 292/17 (SAOS)court
- UODO: Ochrona danych osobowych w miejscu pracy. Poradnik dla pracodawców (2018)regulator
Other countries
More free tools
Questions
Is Poland a one-party consent country?
No. Get the other person's consent before you record. Recording your own call is not a crime in Poland, but the Supreme Court treats a secret recording as a breach of personal rights under civil law, and a business must also follow the GDPR.
Can a business record calls in Poland?
The GDPR (RODO) applies when a business records calls: it needs a legal basis and must tell callers who records, why and for how long, when recording starts. The data protection authority (UODO) says an employer may not invade staff privacy, for example by monitoring their phone calls, without a serious reason linked to the nature of the work.
What counts as consent in Poland?
Ask at the start and record only after the other person agrees. In business talks, a court held that you must tell the other side you want to record. A business must also give the GDPR information (who records, why, how long) or say where to find it.
What happens if you record a call illegally in Poland?
Article 267: a fine, restriction of liberty or up to 2 years in prison, prosecuted only at the victim's request. Civil courts can order a secret recording destroyed. GDPR fines from the UODO 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.
