Can I Record Phone Calls? The Law in Poland, the EU and the US

You regularly ask us at the shop how to record phone calls. The reasons vary: a court case, notes from a conversation with a contractor, a simple memo for your own use, or wanting proof in case of a dispute. I answer these and other questions in this post — without the unnecessary technical and legal jargon.

Short answer: yes, you can record your own phone calls — with a few conditions.

Before we go further — let's distinguish two things people often confuse. This post is about recording phone calls — calls where you talk over the phone (with your bank, a contractor, a government office). That's different from recording a conversation in person — with a dictaphone or a phone lying on the table while you talk face to face in one room. The law (Art. 267 of the Penal Code) treats both cases similarly: what matters is whether you are a participant in the conversation. But technically they're two different things — the phone records the call with a built-in feature (that's what this post is about), while an in-person conversation is captured by the device's microphone. Here we focus exclusively on phone calls.

Is Recording Conversations Legal in Poland?

In Poland the answer depends on whether you are a participant in the conversation or not. This is the key distinction and most people confuse it.

Can a Secret Recording Be Used as Evidence in Court?

In civil cases (divorce, employment dispute, commercial dispute) — the Supreme Court in ruling IV CKN 94/01 admitted recordings by one party as evidence, provided their authenticity is not challenged and they are not the only evidence. This means: a recording from your own conversation during divorce proceedings can make it into the court file.

In criminal cases the rules are stricter. A recording obtained in violation of the law (Art. 267 CC) may be considered "fruit of the poisonous tree" and rejected, although current case law allows exceptions when protecting sufficiently important interests.

Practical conclusion: even if the court accepts the recording, you can still face criminal liability for the way you obtained it.

How Does It Look in the European Union and Around the World?

GDPR applies throughout the EU. If you record calls with clients for business purposes, you must have a legal basis — most often "this call is being recorded" + consent. This is a GDPR obligation.

A common company myth: "we record but delete it immediately, so GDPR doesn't apply to us." Not true. GDPR (Art. 4) defines processing very broadly — it's not just "storage", but also collection and recording. The very moment you record someone's voice (and a voice is personal data) is already processing — regardless of whether you later do anything with the recording or delete it after a second. Not storing it only removes the duty to secure and retain recordings, but it does NOT remove the information duty: you still have to tell the other party the call is being recorded. The line isn't drawn at "do I save it or not" — it's at "do I capture the voice at all". (Unlike a private individual, whom GDPR doesn't cover at all — thanks to the personal-use exemption, Art. 2(2)(c).)

What Do I Need to Do to Legally Record My Own Conversations?

• Be a participant in the conversation. Only record calls you're actually on. Recording other people's phone calls (e.g. on someone else's phone) already breaks the law.
• Don't share the recording publicly without a valid reason. Posting online a conversation with another person may violate their personal rights.
• Keep the recording to yourself until you need it in court / with a lawyer / at the police.
• Don't modify the recording. Cutting fragments = manipulation that an audio expert will detect.
• Record the context: date, time, the other party's number.

Samsung Galaxy Has Built-in Call Recording — It Just Needs to Be Unlocked

Samsung Galaxy phones have had a built-in call recording function for years — automatically, manually, or for selected numbers. In Poland and most EU countries this option is intentionally disabled by the regional CSC (Country Specific Code).

In Poland, where one-party consent is sufficient, there are no legal obstacles to enabling this feature. You just need to change the phone's regional setting correctly without losing warranty, Samsung Pay, and mobile banking — which is exactly what we do as part of our Samsung call recording unlock service.

Is Recording Your Own Conversations Ethical?

• Why am I recording? Protection against manipulation — OK. Collecting leverage "just in case" — a signal the relationship is toxic.
• If I were being recorded, would I feel deceived? If yes, then recording is probably not great either.
• Will the recording change how I speak? Yes — awareness of being recorded changes the conversation.
• Who will I show the recording to? Court and lawyer — OK. Friends to laugh at — that's a violation of the other person's dignity.

What to Do If Someone Recorded You Without Consent?

FAQ

Is a call recording app legal?
Yes — the app itself is a tool. Legality depends on how you use it. Recording your own calls = OK. Recording other people's = crime.

Do I need to inform the other party that I'm recording?
In Poland, as a private individual — no, if you are a participant. Exception: if you record as a company for business purposes, GDPR applies and you must notify the other party ("this call is being recorded"). Abroad it's often stricter — in Germany, France or California consent is always required. In international calls, be cautious and inform when in doubt.

What are the consequences of publishing a legally obtained recording?
Its publication may violate the personal rights of the recorded person. Civil claims are possible — removal of the publication, apology, compensation. In extreme cases (defamation) also criminal liability.

Is a smartphone recording a "good" piece of evidence in court?
It depends. The court assesses completeness, metadata accuracy, and authenticity. The more context (written note of when/where recorded), the better.

If I can record without notifying anyone, why do companies and hotlines always warn "this call is being recorded"?
Because different rules apply to you and to a company. As a private individual you record your own call for yourself — only Art. 267 CC matters, and it doesn't apply to you because you're a participant. GDPR doesn't cover you either, thanks to the exemption for purely personal use. A company is a different case: it records calls systematically, for business purposes (quality, training, evidence) and stores your voice, which is personal data. That triggers GDPR, and Art. 13 GDPR imposes an information duty — the company must notify you and state the purpose before it starts recording. Failure to do so carries a fine of up to 4% of turnover. So the "this call is being recorded" message isn't a courtesy — it's a legal obligation on the company, one you as a private individual don't have.