Can you record a phone call in Switzerland?
Everyone in the conversation must agree before you record it. Swiss criminal law punishes a participant who records a non-public conversation without the other participants' consent.
- Phone calls
- Article 179ter of the Criminal Code punishes anyone who takes part in a non-public conversation, by phone or face to face, and records it without the other participants' consent. Keeping, using or sharing such a recording is also punished. Article 179quinquies exempts phone calls with emergency, rescue and security services, and business calls about orders, contracts, bookings and similar transactions.
- Business calls
- The Data Protection Act (DSG) applies too. Outside the narrow exemption, get consent before recording starts: say that you record and why, so people can refuse. Recordings made under the exemption may only serve as evidence. Recording for training or to monitor sales staff needs prior notice. Unlawful recordings can lead to claims for deletion, damages and compensation for moral harm.
- What counts as consent
- Consent must be informed and given before the recording starts, so say clearly that you record and why. The regulator (FDPIC) does not say whether staying on the line after an announcement counts as consent. A clear yes is the safe choice.
- Penalties
- Article 179ter: up to 1 year in prison or a monetary penalty, prosecuted only on complaint. Recording other people's conversation (Article 179bis): up to 3 years. Civil claims under the DSG.
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?
- German
Bevor wir beginnen: Ich zeichne meine Gespräche auf, damit ich genaue Notizen machen kann. Sind Sie damit einverstanden?
- French
Avant de commencer : j'enregistre mes appels afin de pouvoir prendre des notes précises. Êtes-vous d'accord ?
- Italian
Prima di iniziare: registro le mie chiamate per poter prendere appunti precisi. Le va bene?
Worth knowing
- The business exemption covers high-volume transactions under time pressure, such as order and booking hotlines. Complaints and longer contract negotiations are not covered, so callers must be told (FDPIC).
- Sharing a recording made under the business exemption with third parties is still a crime.
- Since 2020 the Federal Supreme Court treats a phone call with a police officer as non-public, so official calls are protected too (BGer 6B_943/2019).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
Other countries
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Questions
Is Switzerland a one-party consent country?
No. Everyone in the conversation must agree before you record it. Swiss criminal law punishes a participant who records a non-public conversation without the other participants' consent.
Can a business record calls in Switzerland?
The Data Protection Act (DSG) applies too. Outside the narrow exemption, get consent before recording starts: say that you record and why, so people can refuse. Recordings made under the exemption may only serve as evidence. Recording for training or to monitor sales staff needs prior notice. Unlawful recordings can lead to claims for deletion, damages and compensation for moral harm.
What counts as consent in Switzerland?
Consent must be informed and given before the recording starts, so say clearly that you record and why. The regulator (FDPIC) does not say whether staying on the line after an announcement counts as consent. A clear yes is the safe choice.
What happens if you record a call illegally in Switzerland?
Article 179ter: up to 1 year in prison or a monetary penalty, prosecuted only on complaint. Recording other people's conversation (Article 179bis): up to 3 years. Civil claims under the DSG.
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.
