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Non-US Laws/Cell Phone Call Recorder Application.


Dear Peter

1. Can a Consumer having a Android cell phone device or any other wireless device with a call recorder application installed is not supposed to record phone calls conversation without taking prior permission from the other party ?.

Are there any legal bindings ?.

i.e. The party can file a case in the court if he/she comes to know that unknowingly the calls are being recorded by the consumer.

2. What are the legal solutions for the Consumer who would like to record and playback every call he/she receives from other parties
with the call recorder application ?.

The consumer has to approach a Lawyer to create a Legal document and then signed by both the parties mutually agreeing and consenting. The content matter will read "Granting Permissions
for Call recordings and playback by both parties".

i.e. Written legal document and not verbally spoken and
agreed by both the parties is the solution.  

Awaiting your reply,

Thanks & Regards,
Prashant S Akerkar

Dear Prashant,

the answer to your question differs widely from jurisdiction to jurisdiction. While in most jurisdictions the recording of telephone conversations by a participant itself is not illegal, regardless of the permission of the other participant, replaying such recording to a third party is, at least if the other participant was not aware of being recorded. Similarly, the use of such recordings as evidence in court is also precluded. On the other hand, the other participant usually has no right to privacy, if he is informed that the call is recorded upfront. That means, if you tell somebody upfront that you will record the call, you are not prohibited from replaying it to third parties or using it as evidence in most jurisdictions.

If you are interested in the applicable rules in a particular jurisdiction, you would have to specify said jurisdiction.

Best regards,

Peter Koch, LL.M., MBA
Attorney at Law (licensed in Germany and New York)

Poststrasse 25
20354 Hamburg

Tel. +49-40-8079364-0
Fax +49-40-8079364-41

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Peter Koch


I am a licensed attorney in Germany and the State of New York. The focus of my practice is on Business Law, i.e. Commercial, Corporate, Contract, Antitrust Law and Intellectual Property Rights, in particular in US-German cross-border transactions. I also advise clients in the area of International Trade Regulations.


I have advised domestic and foreign, in particular US-American, clients in the above stated areas since 1997.

First State Exam (JD-equivalent) 1989 - Second State Exam (German Bar Exam) 1992 - Master of Laws (Houston) 1995 - Master of Business Administration in International Business (Houston) 1996 - licensed Attorney Germany 1997, New York 1998

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