Taking calls - is this legal?

If you want to save statements for personal or business reasons, you can record calls. We will tell you whether this is really legal in this practical tip.

Legal or illegal: can I take calls?

• There are numerous apps and other ways to record phone calls. With a telephone recording you can not only prove agreements later, but also prove admissions.
• According to Section 201 (1) of the Criminal Code (StGB), however, this is a criminal offense. The so-called "non-spoken word" is to be treated as confidential. The violation of this law is usually punished with a fine, in particularly serious cases up to three years in prison are possible.
• In theory, you are already punishable if you let other people listen in on the loudspeaker or a second telephone handset.

Record calls: No valid evidence in court

• The Federal Court of Justice has ruled that illegally recorded phone calls are not permitted as evidence in court. The right to use the spoken word is protected from third parties by Articles 1 and 2 of the Basic Law.
• So starting a conversation can not only get you into legal difficulties, it also does nothing for you as evidence in court.

Record calls: when is it legal?

• Many call centers record their calls for quality assurance. Before you are connected to an employee, however, you must give a clear consent with the word "yes" or a specific key on the phone.
• If you make a phone call as a private person, you must also record this consent. So that everything is legally flawless, you should first obtain the consent, then start the recording and then obtain the approval again, mentioning that the other party has already agreed before the recording.

In the next practical tip, we will show you how to report and prevent spam calls.