Yes, recording phone calls in Poland is legal under strict conditions outlined in the Act on the Protection of Personal Data (GDPR implementation) and the Telecommunications Act. Consent from at least one party is mandatory, with exceptions for business-related communications where legitimate interests are balanced against privacy rights. The Personal Data Protection Office (UODO) enforces compliance, and violations may incur fines up to 4% of global turnover under GDPR. Recent 2026 amendments clarify that AI-assisted call analysis requires explicit prior notice.
Key Regulations for Recording Phone Calls in Poland
- One-Party Consent Rule: Recording is permitted if at least one participant (including the recorder) consents, per Article 26(1) of the Telecommunications Act. Implied consent via prior notification suffices in commercial contexts.
- Business Communication Exemptions: Companies may record calls without consent if the recording is necessary for contract fulfillment, fraud prevention, or legal compliance, but must document the legitimate interest (Article 6(1)(f) GDPR).
- Storage and Retention Limits: Recordings containing personal data must be stored securely for no longer than necessary (typically 3–6 months for customer service calls), with mandatory encryption and access logs under UODO guidelines.
Non-compliance risks administrative fines, civil lawsuits, or criminal liability under Article 267 of the Penal Code for unauthorized data processing. Foreign entities operating in Poland must align with local rules, as EU-wide GDPR provisions are supplemented by national sector-specific laws.