Yes, recording phone calls in Austria is legal under strict conditions. Both parties must consent to the recording, as per the Telecommunications Act (TKG) and the General Data Protection Regulation (GDPR). Unilateral recording without notice violates privacy rights and may lead to criminal liability under § 120 StGB (violation of privacy). The Austrian Data Protection Authority (DSB) enforces compliance, with recent 2026 guidance emphasizing explicit prior consent for all parties.
Key Regulations for Recording Phone Calls in Austria
- Two-Party Consent Requirement: § 10 TKG mandates prior consent from all participants before recording. Failure to obtain consent renders the recording inadmissible as evidence in legal proceedings.
- GDPR Compliance: Recordings containing personal data must adhere to GDPR principles, including purpose limitation and data minimization. The DSB has issued fines up to €20 million for non-compliance in 2025.
- Storage and Retention Limits: Recorded calls must be stored securely and deleted within 30 days unless required for legal or contractual obligations, per § 132 TKG and DSB guidance.
Businesses must implement clear policies, including opt-in mechanisms and transparency notices, to mitigate legal risks. The Austrian Supreme Court (OGH) has upheld that recordings obtained without consent are null and void, reinforcing the stringent enforcement landscape.