Recording AI calls in the UK and Portugal
Recording calls is normal and useful. The UK asks you to tell people; Portugal asks you to tell them and get their agreement. Here is the wording.
This is not legal advice
This guide quotes the law and the regulators’ own pages and says where they are silent. It cannot tell you whether your campaign is lawful: that depends on who you call, where your list came from and what you say. For a decision that matters, ask a solicitor (UK) or an advogado (Portugal). Every source below was read on 4 October 2026; laws and guidance change, so check the date before you rely on it.
UK: you may record for business reasons, if you tell people
The Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018 let a business record calls on its own system for purposes such as to “establish the existence of facts”, to check compliance and to check quality standards (regulation 3). The condition is that the business makes “all reasonable efforts to inform every person who may use the telecommunication system” (regulation 4).
A recording of a person is also personal data. Under UK GDPR Article 13 you tell people what you collect and why “at the time when personal data are obtained” or, if the data came from elsewhere, under Article 14 by the first communication.
Portugal: inform and get consent
Lei n.º 41/2004, article 4.º(3), allows recordings in lawful commercial practice to prove a transaction or a business communication, “desde que o titular dos dados tenha sido disso informado e dado o seu consentimento”: the person must be told and agree. A recording that breaks this rule is an offence (article 14.º) and the CNPD enforces it. The CNPD has also set maximum periods for keeping recordings (Deliberação 1039/2017, written before GDPR, so treat it as a guide).
A plain recording notice that works in both countries
At the start of the call, after you say who is calling:
“This call is recorded so we have an accurate note of what we agree. Is that OK?”
“Esta chamada é gravada para termos um registo correto do que combinarmos. Concorda?”
If the person says no, stop recording or end the call politely. Put the same information, with how long you keep recordings, in your privacy notice.
Inbound calls (an AI receptionist)
The same rules apply when a business records the calls it receives. A short line in the greeting (“calls are recorded”) and a privacy notice on your website cover the UK duty to inform. For Portuguese callers, plan for consent as well.
In FoxEra Calls
Calls are recorded and transcribed so you can play them back, see what was agreed and review quality; recordings are stored on FoxEra’s own server. The website demo tells visitors “Conversations may be recorded to improve the service” before the microphone opens. Wording at the start of your own campaign calls is part of your script: add the recording line that fits the country you call.
Sources (read 4 October 2026)
- The Investigatory Powers (Interception by Businesses etc.) Regulations 2018, regulation 3 (read 4 October 2026)
- same Regulations, regulation 4 (read 4 October 2026)
- UK GDPR, Article 13 (read 4 October 2026)
- GDPR (Regulation (EU) 2016/679) on EUR-Lex (read 4 October 2026)
- Lei n.º 41/2004, consolidated (Diário da República) (read 4 October 2026)
- CNPD Deliberação 1039/2017 (retention of call recordings), cnpd.pt
Related guides
Frequently asked questions
Do I need consent to record business calls in the UK?
The 2018 Regulations require all reasonable efforts to inform people that calls may be recorded, for listed business purposes. UK GDPR also requires you to tell people what you collect and why.
Do I need consent to record calls in Portugal?
Lei 41/2004 article 4.º(3) allows recording in lawful commercial practice if the person has been informed and has consented.