Keep Records When Self-employed or Freelance

This could be done via notes and email records however with phone communication the task becomes more difficult without the ability to record them.
But let’s look into the legal standpoint on this issue.

We have all thought about it at some point, whether it’s for proof of what was said during an argument or to just record a meeting or conversation, but is recording conversations actually legal?

When it comes to discreetly recording conversations, calls or even filming someone, the law in the UK varies between individuals and businesses and it’s important to understand the distinctions before you attempt it.

Nowadays, the range of technology at our disposal means it is easy to record conversations without the other participant’s knowledge – but does that mean it’s ethical, and can it be admitted as evidence in court?

Is it illegal to record a conversation in secret?

Recording a conversation in secret is not a criminal offence and is not prohibited. As long as the recording is for personal use you don’t need to obtain consent or let the other person know.

Things change if the matter is addressed with a claim for damages or if the recordings have been shared without the consent of the participants. Even worse, if the recording is sold to third parties or released in public without the consent of the participants then this could be considered a criminal offense.

Journalists often record conversations in secret that they then publish without facing any legal problems. That is because they make sure to either obtain consent or argue that the recordings are in the public’s interest.

Can a private recording be submitted as evidence in court?

A private recording can be submitted as evidence, but with some conditions:

• A recording may be relied on in evidence if the court gives permission

• An application for permission should be made on form C2

• The recording should be made available to other parties before any hearing to consider its admissibility.

Covert recordings of children should rarely if ever, be admitted as evidence, according to section 13(4) of the Children and Families Act 2014.

Is it illegal for businesses to record conversations?

Here is where the law gets stricter, as there are many laws in the UK to stop businesses from recording conversations. Under the Telecommunications Regulations 2000, companies can only record calls without telling you if the recording is used for monitoring or keeping a record of communications for:

• establishing the existence of facts

• ascertain compliance with regulatory or self-regulatory practices or procedures

• to demonstrate the standards which are achieved or ought to be achieved by persons using the system in the course of their duties

• in the interests of national security, or for preventing or detecting crime

What is the GDPR? 

GDPR stands for General Data Protection Regulation and is a set of privacy and security laws instituted by the EU that came into effect in 2018. Essentially, this act imposes regulations on how data is collected, and so it is worth knowing how this will affect your business, its call recording policies, and any data collection that you choose to do under your company umbrella.

Is it legal to record phone calls in the UK? 

Yes, it is legal to record phone calls in the UK, but there are some restrictions.

Under the Regulation of Investigatory Powers Act 2000 (RIPA) it is legal for individuals to tape conversations, provided the recording is for their own use.

However, legislation states that sharing information without consent to a third party is a breach of this law, so the GDPR was created as a guide on the safe sharing of data.

To sum up: it’s not illegal to record a call or even collect data. It is illegal, however, to publicize or share such data with third parties outside of the business management structure without consent.

What is ethical call recording? 

These pieces of legislation — including the GDPR — attempt to establish what ethical data recording should look like. The law stipulates that covert call recordings must be kept private and only be obtained in cases of public or business interests. For all other types of call recording, consent is the name of the game. Obtaining consent from the other party to collect (and even share) data is crucial.

In the current GDPR legislation there is a comprehensive set of guidelines on sharing data, specifically on sharing data in exchange for profit. However, this is a long document, so the key takeaways are that ethical call recording is supposed to aid the common good, such as providing evidence to settle a dispute or to build further intelligence about internal fraud.

Non-ethical call recording has only one party’s interest in mind and includes tapping into a competitor’s phone system for your own benefit. Thankfully, UK law also forbids call interception in the Interception of Communications Act 1985.

GDPR is usually mentioned with reference to a customer’s privacy, but since the act focuses on individual privacy, it also covers employee privacy. In other words, as a business owner, you’ll also need to be aware of how recording calls can breach your internal parties’ privacy and make sure that you notify relevant team members about your policy. If like most companies, you choose to monitor and record calls for quality or training purposes, you should mention this in writing, preferably in training materials and an employee handbook.

How to comply with GDPR when recording phone calls? 

To record phone calls and still comply with GDPR, you must focus on the intended use of the recorded data, rather than the recording itself. You can do this in the following ways:

• Always ask for consent. This is the most vital rule. Asking for consent to record calls is a vital precautionary measure to protect your business. This includes notifying customers when your policy changes, as well as notifying them each time they are subject to being recorded. If you intend to share data with third parties, such as partner firms, you’ll need to both ask and inform your customer base first.

• Create GDPR-specific call recording training. It’s important that your staff members are clued up on the essentials of GDPR. They will need to be compliant as well, and this will mean implementing guidelines on common in-office mistakes, such as repeating sensitive information aloud over the phone, leaving the contents of personal information lying around, and skipping disclaimers about call recording.

• Securely store data. By now, you’ll know that sharing data isn’t recommended, and selling it, in most cases, is strictly prohibited. But what if somebody steals it? To remove liability and prevent data theft, always keep sensitive data — including call records — in a secure and encrypted place.

How to record phone calls as a business owner?

The rules regarding business-owned and individual-owned recordings differ, so how to record phone calls as a business and make sure you are compliant? And must there always be consent?

The Telecommunications Regulations 2000 states that businesses can record calls without consent for the following purposes:

• To record evidence of business exchanges

• To review whether quality standards are being met

• To ensure a business complies with regulations

• To prevent and detect criminal activity

• To investigate the suspicious use of a network

The above are legally justified reasons to record phone calls. If you decide to record phone calls for these purposes, it’s a good idea to also register with the Information Commissioner’s Office (ICO). By joining the ICO, you state that your business will securely store and keep personal information, such as customer’s account details, personal addresses, and other information discussed, private.

While you’re at it, you might find it useful to browse the ICO’s Guide to Data Protection,, which includes a user-friendly guide to GDPR and resources for sole traders.

However, though you aren’t forced to notify callers about recordings if they fall under the above circumstances, it’s seen as good practice to have either an automated or verbal disclaimer in place.

Stay safe and remember to keep records of all actions and communication between clients and customers well working with other companies as you are liable for any information provided on behalf of third parties well providing their services.