Implementing a mobile call recording solution is challenging. Traditional systems often prioritize landlines or VoIP while neglecting mobile calls or creating special policies for them. However, businesses require a comprehensive solution that records all calls—whether from apps like Skype/Teams, mobile devices, or VoIP phones. Adding to the complexity, organizations must comply with various call recording legislation.

Implementing call recording practices offers several benefits for organizations:

  • Evidence of Compliance: Call recordings provide proof that an organization is following laws and regulations, which can be useful during audits or investigations.
  • Dispute Resolution: Recorded calls can serve as evidence in legal disputes, protecting the organization’s interests and potentially saving time and money in litigation.
  • Quality Assurance: Organizations can use call recordings to monitor employee performance and ensure adherence to protocols and guidelines, reducing the risk of non-compliance.
  • Training and Monitoring: Call recordings are valuable for training employees on compliance requirements and monitoring their adherence, fostering a culture of compliance within the organization.

Compliance with the law involves much more than choosing the right call recorder, but it is also a step that should not be overlooked. If you use a proven call recorder iPhone app, like iCall, you can count on built-in data encryption. iCall also helps you manage recordings efficiently and securely. The app provides businesses with high-quality recording calls, and is available in a free trial period. It also has a phone recorder iPhone feature, which can also be useful in workflows.

A company cannot rely on just any system for mobile call recording. The solution must be both legally and ethically compliant. Ensuring legal compliance means the business must adhere to all relevant regulations.

Different countries have varying levels of restriction, and industry-specific legislation may also apply. Therefore, businesses operating in multiple countries need to follow several regulations. To minimize the risk of non-compliance, it is advisable to adhere to the strictest rules.

ECPA and US Laws

The Electronic Communications Privacy Act (ECPA) governs call recording across the United States, covering all forms of electronic communication, including phone calls and video conferencing. However, state-specific consent laws can vary and change over time.

  • One-Party Consent: In states with one-party consent laws, you only need permission from one participant in the call to legally record it.
  • Two-Party Consent: In states with two-party consent laws, all participants must be informed and give their consent to the recording.

The consent requirement depends on the physical location of the person being recorded, not the area code of their phone number.

Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming

California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, Washington

Understanding these laws is crucial for ensuring compliance and respecting privacy in your communications.

General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR), effective since 2018, sets comprehensive rules on data collection and usage for EU citizens. Unlike other laws, it applies to any business gathering data on EU/EEC citizens, regardless of the business’s location.

GDPR has strict guidelines for recording calls. Businesses must meet one of these criteria for lawful recording:

  • Obtain consent from all parties for specific purposes
  • Necessary for fulfilling a contract involving the participant
  • Required for a legal obligation of the business
  • Needed to protect the interests of the participants
  • In the public interest
  • In the business’s interest unless the participants’ data protection concerns take priority

Markets in Financial Instruments Directive II (MiFID II)

Certain industries, such as banking, are legally required to record all calls. In the EU, financial professionals must record calls under the Markets in Financial Instruments Directive II (MiFID II). This directive covers nearly all asset classes, including currencies, equities, commodities, and debt instruments, and imposes extensive reporting requirements on financial professionals.

However, organizations using call recording for training or quality assurance must obtain clear, informed, and freely given consent from all participants to comply with legal requirements.

Key Practices for Compliance in Call Recording for Business

To ensure your call recording practices are effective and compliant, follow these best practices:

Inform everyone involved in the call that it will be recorded, and get their consent as required by law. This can be done through a pre-recorded message or written notice to customers.

2. Establish Clear Policies

Create clear, comprehensive call recording policies detailing the purpose, scope, and procedures. Train employees on these policies so they understand their importance and know how to adhere to them.

3. Secure Storage and Access

Protect recorded calls from unauthorized access, tampering, or loss by implementing strong security measures, such as encrypting call data and limiting access to authorized personnel only.

4. Retention and Deletion

Follow the retention periods mandated by laws and regulations, and establish secure procedures for deleting call recordings once the retention period has expired.

5. Regular Audits

Conduct regular audits of your call recording practices to ensure compliance with legal requirements and internal policies. Address any gaps or areas for improvement promptly.

Conclusion

Legal compliance doesn’t stop once a call is recorded. Businesses must also securely store the data, retrieve it as necessary by law, and ensure only authorized personnel have access—requirements that vary by jurisdiction.

Regulations typically specify how long recordings must be retained and made available to authorities. Businesses need a system that allows data retrieval, even years later, with security measures like encryption in place. Additionally, only authorized personnel should have access to these recordings.

For a comprehensive overview of how to structure your business in a way that supports compliance and operational efficiency, refer to this business structure guide.