Is Recording Phone Calls Legal in Romania After the 2026 Framework Overhaul?

Yes, recording phone calls in Romania is legal under specific conditions outlined by the General Data Protection Regulation (GDPR) and Law No. 190/2018 on personal data processing. Consent from at least one party is mandatory, with exceptions for legal or professional justifications. The National Supervisory Authority for Personal Data Processing (ANSPDCP) enforces compliance, and violations may result in fines up to €20 million or 4% of global turnover.


Key Regulations for Recording Phone Calls in Romania

  • One-Party Consent Rule: Under GDPR and Law No. 190/2018, recording is permitted if at least one participant (including the recorder) consents. Implied consent via prior notification suffices, but explicit refusal invalidates the recording.
  • Legitimate Interest Exception: Professional contexts (e.g., customer service, fraud prevention) may justify recording without consent, provided the purpose is proportional and transparent. ANSPDCP scrutinizes claims of legitimate interest.
  • Storage and Retention Limits: Recorded calls must be stored securely for no longer than necessary. Law No. 190/2018 mandates deletion within 30 days unless legal retention obligations apply (e.g., financial sector regulations).

Note: Cross-border recordings require adherence to EU GDPR and destination country laws. ANSPDCP’s 2026 guidance emphasizes stricter enforcement on metadata retention and automated processing risks.