Call Recording and GDPR
Funnelfeedr can record the calls you make in the dialer so they can be transcribed, analyzed and coached afterwards. This article covers what the law says when you do that, and what you need to do as a rep and as a company.
The article is guidance, not legal advice. If you have a data protection officer or a lawyer, check your routines with them.
1. The short version
- Recording is legal. Under Swedish law you may record a call you take part in yourself.
- The person you call must be informed. Because the recording is made in a business, GDPR applies, and the person must be told that the call is recorded and why.
- Consent is normally not required. For B2B calls the legal basis is usually legitimate interest. Informing is enough; you do not need to ask for permission.
- Your company is the controller. Funnelfeedr is the processor and handles recordings on your behalf under our Data Processing Agreement.
2. Criminal law and GDPR say different things
You will often hear that you do not have to say anything when you record. That is true, but only under one of two sets of rules.
| Rule | What it says | Applies to |
|---|---|---|
| Swedish Penal Code (ch. 4, sec. 9 a) | A participant in a conversation may record it without telling anyone. It is not unlawful eavesdropping. | Everyone |
| GDPR (Article 13) | Whoever collects personal data must inform the data subject at the time of collection about what happens to it and why. | Companies and organizations |
A voice recording is personal data, even when no name is mentioned. The exemption for private use does not apply when the recording is made in a business. The Swedish Authority for Privacy Protection (IMY) has criticized companies several times for recording calls without informing callers well enough.
The same GDPR rule applies in Norway, Denmark and Finland. Each country's criminal law on recording differs in the details.
3. Who is responsible for what
| Party | Role | Responsibility |
|---|---|---|
| Your company | Controller | Decides that calls are recorded and why, informs the people you call, has a legal basis and answers requests from data subjects |
| Funnelfeedr | Processor | Stores and processes recordings and transcripts on your behalf, protects them and helps you retrieve or delete data when you ask |
4. How to inform the person you call
The simplest way is one short sentence at the start of the call, right after you introduce yourself:
"Just so you know, I'm recording this call so I can follow up properly afterwards."
The information on the call does not need to be long. It is enough that the person learns that the call is recorded, why, and where they can read more. The full information can live in your privacy policy.
Put the sentence in your call script so it becomes a habit. Read more about scripts in Building Call Scripts.
If the person does not want to be recorded
Respect it. Recording cannot be switched off in the middle of a call in Funnelfeedr. You can:
- end the call and call back from a call session with recording switched off, or
- continue the call and then ask us to delete the recording via privacy@funnelfeedr.com.
Recording is switched on and off per call session with the Enable call recording setting. See Managing Call Sessions.
5. What your privacy policy should cover
The full information required by GDPR belongs in your own privacy policy. Make sure it covers:
- that sales calls may be recorded and transcribed
- the purpose, for example follow-up, quality and coaching of reps
- the legal basis, usually legitimate interest
- how long recordings are kept
- that you use Funnelfeedr as a processor
- how a person can ask to see, correct or delete their data, and their right to object
If you rely on legitimate interest, you should have carried out and documented a balancing test.
6. How Funnelfeedr handles recordings
Storage. Recordings and transcripts are stored encrypted in Microsoft Azure in Sweden. The audio is moved from our telephony provider to our storage as soon as the call ends.
Access. Recordings belong to your account and are never accessible to other customers. Within the account, the rep who made the call decides who can see it; see Visibility in Reviewing a Call.
AI processing. Transcription and analysis are done by the AI providers listed in our AI Policy. Your data is not used to train models, and the providers do not keep it after processing is done.
Retention. Recordings are kept while your account is active. If you want specific recordings deleted earlier, we will help.
Deletion and access requests. If someone asks you to see or delete their data, email privacy@funnelfeedr.com and we will retrieve or delete the recordings and transcripts for you.
Tips
- Put the recording sentence first in the script, right after the introduction. That way it is not forgotten once the call picks up speed.
- Do not write personal judgments about the person you call in the notes. The recording and summary are enough for the follow-up.
- Switch recording off for sessions where you do not need it. What is not recorded does not have to be managed.