Can you record a phone call in Spain?
You may record a call you take part in without the other person's consent. Spain's Constitutional Court ruled in 1984 that recording your own conversation does not breach the secrecy of communications, but a business must give GDPR notice.
- Phone calls
- In judgment 114/1984 the Constitutional Court held that the secrecy of communications (Constitution article 18.3) protects a call against outsiders, not against the people taking part. Intercepting or recording other people's calls to pry into their secrets is a crime under Criminal Code article 197. Recording your own call is not, but revealing intimate details from it can breach the right to privacy.
- Business calls
- A business that records calls must follow the GDPR. The AEPD expects the basic information as a clear, short spoken message at the start, understood by the caller before any data is collected, with the full notice offered by another channel. Record for a stated purpose and keep recordings only as long as needed.
- What counts as consent
- A short spoken notice at the start: who is recording, why, and where to find more information. Make sure the caller has understood it before you continue. The full notice can follow by email or on a website.
- Penalties
- Intercepting or recording other people's communications to discover their secrets: 1-4 years in prison and a fine. Spreading what was obtained: 2-5 years (Criminal Code 197). GDPR breaches: 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?
- Spanish
Antes de empezar: grabo mis llamadas para poder tomar notas precisas. ¿Le parece bien?
Worth knowing
- The 1984 ruling says a participant may still owe discretion: revealing intimate details from the call can infringe the right to privacy (Constitution article 18.1) and the civil privacy law, Ley Orgánica 1/1982.
- The Criminal Code text checked is the consolidated version last modified on 9 April 2026.
- The AEPD guide on the duty to inform is marked as under revision.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
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Questions
Is Spain a one-party consent country?
Yes. You may record a call you take part in without the other person's consent. Spain's Constitutional Court ruled in 1984 that recording your own conversation does not breach the secrecy of communications, but a business must give GDPR notice.
Can a business record calls in Spain?
A business that records calls must follow the GDPR. The AEPD expects the basic information as a clear, short spoken message at the start, understood by the caller before any data is collected, with the full notice offered by another channel. Record for a stated purpose and keep recordings only as long as needed.
What counts as consent in Spain?
A short spoken notice at the start: who is recording, why, and where to find more information. Make sure the caller has understood it before you continue. The full notice can follow by email or on a website.
What happens if you record a call illegally in Spain?
Intercepting or recording other people's communications to discover their secrets: 1-4 years in prison and a fine. Spreading what was obtained: 2-5 years (Criminal Code 197). GDPR breaches: 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.
