In the US, call recording laws vary at both the Federal and State levels. Under Federal law, single-party consent is required, meaning only one participant (which could be the caller themselves) needs to be aware that the call is being recorded. However, 12 states have adopted two-party (or all-party) consent laws, which require that all participants are notified of the recording.

In the EU, call recordings are subject to the General Data Protection Regulation (GDPR), which is stricter than many US regulations. Under GDPR, explicit consent is generally required from all participants before a call can be recorded. This means that participants must be clearly informed and give active, unambiguous consent to the recording. Simply staying on the line after being notified does not qualify as consent in the EU.

For other countries, call recording laws differ, so it is essential to seek legal advice tailored to each specific jurisdiction.

In cases where calls span jurisdictions (e.g., a call from a one-party consent state to a two-party consent state), it’s safest to follow the stricter of the two sets of laws, ensuring that all participants are informed and consent to the recording.

In the US, implied consent is often considered sufficient. This means that if the other party is informed that the call is being recorded and they stay on the line, they are deemed to have consented. However, this may not hold in states with two-party consent laws, where explicit notification is required.

In the EU, under GDPR, implied consent is not enough. Consent must be explicit, meaning that participants must actively agree to the recording. This can be done verbally at the start of the call or through written confirmation (for example, via email or meeting invite prior to the call). Failure to obtain proper consent could result in heavy fines and penalties under GDPR.

Participants can be notified in various ways, and businesses can adapt these approaches depending on the jurisdiction:

To avoid confusion about differing consent laws across jurisdictions, it's often easiest to adopt the most restrictive approach by always notifying all participants and obtaining explicit consent when necessary.

For scheduled meetings or booked calls, a common approach is to include a written notification in the footer of the calendar invite. For example:
“Calls with Jiminny are recorded for training purposes. Please confirm your consent to proceed with the recording.”

For extra compliance, businesses may also include an automatic verbal announcement at the start of the call or utilise an audible beep throughout the conversation to remind participants that the call is being recorded.

For video calls, Jiminny has a built-in feature that allows you to send a compliance email to participants before the meeting begins. This email informs participants that the call will be recorded and provides them with the option to opt out of the recording before the meeting takes place. This proactive step helps ensure that participants are fully informed and can choose not to be recorded if they wish, making it easier to comply with GDPR and other international regulations.

When making cold calls, particularly in the EU or regions where stricter laws apply, it's crucial to obtain explicit consent at the start of the call. Here are some examples of how this can be done:

In the US, the caller can often proceed after giving notice that the call is recorded, especially in single-party consent states. However, in two-party consent states or the EU, the recipient’s active consent is mandatory.

For scheduled calls, video conferencing tools provide built-in options for compliance. Some platforms like Zoom offer both visual notifications (e.g., a pop-up informing participants that the call is being recorded) and audio notifications (e.g., a tone when a recording starts or when a new participant joins the call). With Jiminny’s native integration, audio notifications are available out of the box, alerting participants when recording is in progress. This makes it easy to remain compliant in jurisdictions that require explicit notification.

Zoom offers visual notification that a meeting is being recorded, as well as an audible announcement when a new participant joins. For full compliance, your team may set a default to always notify attendees when a call is being recorded, ensuring transparency from the start.

For outbound calls using a dialer, ensure that the recipient is notified and that explicit consent is obtained (if required). Jiminny’s features can assist with this by automatically prompting agents to remind participants that the call is being recorded, reducing the risk of non-compliance. Jiminny voice dialer can also record one side, for example just the rep.

Whether your business operates in the US, EU, or elsewhere, ensuring that you follow the strictest applicable laws for call recording will keep your organisation compliant. Always notify participants about recording, and where required, obtain explicit consent. Jiminny’s features, such as the compliance email before video calls, can help reduce the risk of non-compliance and build trust with participants. This approach ensures that your organisation adheres to international data protection regulations like GDPR, safeguarding both your business and your customers.