Yes, Two-party consent recording is legal in Taiwan under strict conditions. The 2023 amendments to the Personal Data Protection Act (PDPA) and Article 316 of the Criminal Code require all parties’ consent for non-public communications, with violations punishable by up to 5 years’ imprisonment or fines up to NT$1 million. The 2026 PDPA enforcement guidelines further clarify that implied consent is insufficient, mandating explicit, verifiable agreement.
Key Regulations for Two-Party Consent Recording in Taiwan
- Personal Data Protection Act (PDPA) 2023 Amendments: Requires prior consent from all parties before recording non-public communications, including in-person conversations and electronic transmissions. Consent must be documented and cannot be inferred from context.
- Criminal Code Article 316: Criminalizes unauthorized interception or recording of private communications, with penalties escalating for commercial or systematic violations. Exceptions apply only to law enforcement under judicial warrants.
- 2026 PDPA Enforcement Guidelines: Introduce stricter verification standards for consent, including mandatory disclosure of recording purposes and retention limits (max. 3 years unless justified). Non-compliance triggers audits by the Personal Data Protection Commission (PDPC).