Yes, recording phone calls is legal in Denmark under strict conditions, but consent is mandatory and violations may trigger enforcement by the Danish Data Protection Agency (Datatilsynet).
Danish law permits call recording if at least one party consents, aligning with the EU’s ePrivacy Directive and the General Data Protection Regulation (GDPR). Unilateral recording without notice is prohibited, and improper handling of recorded data may result in fines up to DKK 5 million or 4% of global turnover. The Danish Telecommunications Act further restricts interception of communications unless authorized for legitimate purposes such as fraud prevention or legal compliance. Recent 2026 amendments to the Danish Data Protection Act introduce stricter penalties for unauthorized recordings, emphasizing transparency and data minimization.
Key Regulations for Recording Phone Calls in Denmark
- Consent Requirement: At least one party must be informed and agree to the recording; silent or implied consent is insufficient. This applies to both private and business communications.
- Purpose Limitation: Recordings must serve a specific, lawful purpose (e.g., evidence in disputes or quality assurance) and cannot be repurposed without additional consent.
- Data Protection Compliance: Recorded calls are personal data under GDPR; controllers must implement safeguards, including encryption, retention limits (typically 6–12 months), and access controls. Violations are enforced by Datatilsynet.