Yes, two-party consent recording is legal in Austria, but strict privacy laws under the Datenschutzgesetz (DSG) and Strafgesetzbuch (StGB) require explicit consent from all parties before recording conversations. Unauthorized interception or disclosure of private communications constitutes a criminal offense, punishable by fines or imprisonment under § 119 StGB. The Datenschutzbehörde (Austrian Data Protection Authority) enforces compliance, with recent 2026 amendments tightening penalties for non-consensual recordings.
Key Regulations for Two-Party Consent Recording in Austria
- Explicit Consent Requirement: All parties must be informed and agree to the recording before it begins. Implied consent (e.g., via workplace policies) is insufficient unless explicitly documented.
- Prohibition on Third-Party Disclosure: Recorded content cannot be shared with unauthorized individuals or entities. Violations may trigger § 123 StGB (breach of confidentiality) or GDPR fines.
- Workplace and Public Settings: Employers must obtain written consent for employee monitoring, while public recordings require adherence to § 107c StGB, which bans capturing private moments in public spaces without consent.