Do recordings intended to document the modification of a contract have to be made available?
Recordings intended to document the modification of a contract must be made available in accordance with the law. This applies even if the recordings are in the possession of a third party, such as a lawyer or mediator. Parties wishing to modify an existing contract must provide evidence that the agreement was legally reviewed and accepted by both parties.
It is important that all parties involved in a contract modification have access to these documents to ensure that their rights are fully protected by law. In addition, records intended to document contract modifications can help resolve disputes and provide clarity on any changes made during the process. Therefore, it is essential that all recordings intended to document contract modifications are available so that all parties involved in the agreement feel confident of their contractual rights and obligations.
If recording a call is necessary in the context of the execution of a contract or the intention to conclude a contract, the processing of the data will be lawful, it being sufficient to provide a transcript of the call.
In these terms, the Spanish Data Protection Agency (AEPD) expressed itself in response to a complaint by a private individual about a telephone recording made by a debt collection agency on behalf of a bank, to which he could not object, nor was he subsequently provided with a transcription of the recording when he requested it directly from the bank.
The bank argued before the AEPD that the claim was due to a mortgage contract in default of payment. In these cases, this type of external agencies are hired, which offer alternatives that often allow, in the course of the call, to reach an agreement with the client, modifying contractual conditions on terms, installments, etc., so that the recording documents such contractual modification. Furthermore, it considers that the delivery of the transcripts satisfies the request.
The AEPD understands that the claimant obtained the legally required response. Being the data obtained necessary in the context of the execution or conclusion of a contract, its processing is lawful as it refers to the parties to a business, labor or administrative relationship and is necessary for its maintenance or fulfillment.
Therefore, the legitimacy of the processing, in this case, the voice recording, must be informed at the beginning of the conversation. Therefore, in this case, the voice recording was carried out in the proper manner.
It is important to note that voice recording must also be done in accordance with applicable laws and regulations to ensure its legitimacy. In some jurisdictions, it may be necessary to obtain the consent of both parties before making a recording, while in others only the permission of one party is required. It is important to check the specific laws and regulations of the location where the recording is to be made before starting the process.
However, if a company intends to record a call with one of its customers for the purpose of using it as evidence in legal proceedings, the recording will only be legal if the customer has been informed in advance and has given consent. In such cases, companies must ensure that they have obtained the customer’s written consent before making the recording. In addition, it is important that companies keep a record of all such recordings and provide a readily accessible copy to customers upon request.
Is it legal to record a business call?
It is legal to record a conversation, including telephone calls, provided that both parties consent to the recording. Customer service recordings are often transcribed and used in research or data processing. Telephone companies may also have access to recordings of conversations and use them for various purposes. However, when it comes to recording a call, there are certain restrictions depending on the personal nature of the call and the right to privacy when it comes to the secrecy of communications.
The General Data Protection Regulation (GDPR) stipulates that there must be clear laws regarding data protection and whether or not it is allowed to record a call. So what does the law say about broadcasting phone calls? Generally speaking, consent must always be obtained from all parties involved before recording any type of conversation. In addition, any data collected must be handled in accordance with data protection laws and regulations to ensure that the individual’s right to privacy is protected at all times.
Article 18.3 of the Constitution states that citizens have the right to privacy, which includes the recording of any calls for commercial purposes. Being sufficiently informed about the purpose of such recordings is essential to ensure that the call is not being used for business or administrative purposes and that its maintenance or performance is not compromised. In addition, it should be clear when a claim arises from a contract or the intention to enter into a contract, such as in cases of mortgage default.
Call recordings can also be used for evidence, but there are legislated exceptions where warning and approval will condition their legitimacy, as well as documenting any changes to them. In addition, its use as evidence is also possible if all legal requirements have been met.
If you find yourself in a situation similar to the one described above, our professionals can provide you with the appropriate assistance and take any actions that may be pertinent.