Can you record a phone call in Portugal?
Everyone on the call must agree before you record it. Portugal's Criminal Code makes it a crime to record someone's words without consent, even words spoken to you.
- Phone calls
- Criminal Code article 199 punishes recording, without consent, words spoken by another person that are not meant for the public, even if they are addressed to you, and using such recordings. The electronic communications privacy law (Lei 41/2004, article 4) allows business recordings that prove a transaction only if the person was informed and gave consent.
- Business calls
- Tell the caller at the start, explain the purpose and get their consent. The CNPD limits how long recordings are kept: proof of distance contracts up to 24 months plus legal time limits, and anti-money-laundering records 7 years. The GDPR also requires a full privacy notice and use only for the stated purpose.
- What counts as consent
- Notice alone is not enough: the other person must agree. Ask at the start and keep their clear yes on the recording as proof. If they refuse, continue without recording.
- Penalties
- Recording or using someone's words without consent: up to 1 year in prison or a fine of up to 240 daily rates (Criminal Code 199), normally prosecuted only on complaint. GDPR fines: up to €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?
- Portuguese
Antes de começarmos: gravo as minhas chamadas para poder tomar notas precisas. Está de acordo?
Worth knowing
- CNPD Deliberation 1039/2017 replaced the old 90-day limit for recordings that prove commercial transactions with longer periods tied to the type of contract.
- Courts have found no crime, and admitted the recording as evidence, when a recording made without consent was the only proof of a crime against the person recording. They weigh this case by case.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Código Penal, artigo 199.º (Diário da República, consolidated text)statute
- Lei n.º 41/2004, artigo 4.º (consolidated text, ANACOM)statute
- Tribunal da Relação de Évora, Proc. 598/21.0GDPTM.E1 (11 February 2025), on recording without consentcourt
- CNPD Deliberação n.º 1039/2017 (call recording, revising Deliberação n.º 629/2010)regulator
- GDPR Article 83 (administrative fines)guide
Other countries
More free tools
Questions
Is Portugal a one-party consent country?
No. Everyone on the call must agree before you record it. Portugal's Criminal Code makes it a crime to record someone's words without consent, even words spoken to you.
Can a business record calls in Portugal?
Tell the caller at the start, explain the purpose and get their consent. The CNPD limits how long recordings are kept: proof of distance contracts up to 24 months plus legal time limits, and anti-money-laundering records 7 years. The GDPR also requires a full privacy notice and use only for the stated purpose.
What counts as consent in Portugal?
Notice alone is not enough: the other person must agree. Ask at the start and keep their clear yes on the recording as proof. If they refuse, continue without recording.
What happens if you record a call illegally in Portugal?
Recording or using someone's words without consent: up to 1 year in prison or a fine of up to 240 daily rates (Criminal Code 199), normally prosecuted only on complaint. GDPR fines: up to €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.
