Consent to Record

What is a Consent to Record?

A consent to record (the German “Aufzeichnungshinweis”) is the notice to all conversation participants that a conversation is being recorded, combined with obtaining their consent. It creates transparency and lays the basis for a recording to be used lawfully and fairly.

Consent to Record in Detail

The consent to record has a legal and a communicative dimension. Legally, the following applies in Austria as in Germany: recording the non-publicly spoken word without consent is generally a criminal offense (in Austria § 120 of the Criminal Code, in Germany § 201 of the Criminal Code) – and the consent must come from all involved, not only from one side. Communicatively, an open notice signals seriousness and trust: those who know they are being recorded can formulate more deliberately. In interviews, business phone calls, web calls, and online interviews, the consent to record is therefore standard. (Note: this is a general classification and not legal advice – in an individual case, the concrete legal situation decides.)

In practice, the consent to record is more than a formality: a transparent, friendly notice creates a fair conversation atmosphere and prevents later conflicts. It becomes delicate with secret recordings – these are not only legally risky but, if uncovered, permanently destroy trust. For recorded interviews, web calls, or service conversations, a clear routine is advisable: inform before the start, obtain consent, and state the purpose of the recording. With video conference tools, you should be aware that automatic recording functions do not replace consent. Those who know the legal and communicative aspects handle recordings safely and professionally.

How does a Consent to Record work?

Before the recording begins, it is stated clearly and comprehensibly that and for what purpose recording takes place, and consent is obtained – verbally or in writing. In video calls, an automatic announcement or on-screen notice often takes on this function. It is important that the consent is documentable and given voluntarily.

Consent to Record – Examples in Practice

A journalist makes it clear at the start: “I'm recording our conversation for documentation – is that all right with you?” A support hotline plays the announcement “This call may be recorded for quality purposes.” In a web call, the moderator activates the recording only after the explicit consent of everyone.

Consent to Record: Key Features at a Glance

• Transparency: open information before the recording
• Consent: agreement of all involved required
• Legal framework: § 120 Criminal Code (AT), § 201 Criminal Code (DE), GDPR
• Form: verbal, in writing, or as an announcement/on-screen notice
• Benefit: legal safeguarding and building trust

Related Terms

• Recorded Interview
• Authorization Loop
• Interview Setting
• Background Conversation
• Soundbite (O-Ton)

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Consent to Record: Frequently Asked Questions

What is a consent to record?

The notice to all involved that a conversation is being recorded, combined with obtaining their consent. It creates transparency and the basis for a permissible use of the recording.

Is recording a conversation without consent a criminal offense?

In Austria (§ 120 Criminal Code) and Germany (§ 201 Criminal Code), recording the non-publicly spoken word without consent is generally a criminal offense. This is not legal advice – in an individual case the concrete legal situation applies.

Who must consent to the recording?

In principle all conversation participants. It is not enough for only one side to consent – the person whose voice is being recorded must consent too.

How do I phrase a consent to record?

Clearly and in advance, e.g.: “I'm recording our conversation for documentation purposes – do you agree?” The consent should be given voluntarily and documented comprehensibly.