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Call Recording Compliance Guidance for Phone Agent

It is important to know that the AI Voice feature in OnceHub records calls. It then utilizes AI to produce transcripts and summaries of those transcripts, all of which are saved in Activities. While this functionality helps your business, it may be subject to local and global privacy laws.

IMPORTANT DISCLAIMER: OnceHub is a technology provider and data processor. This document provides general guidance and examples for educational purposes; it does not constitute legal advice. You (the Controller) are responsible for ensuring your use of Phone Booking complies with the specific laws of your jurisdiction and the jurisdiction of your callers.


Roles and Legal Responsibility

To ensure compliance, it is critical to understand the distinction between the technology provider and the service user:

  • OnceHub (The Processor): We record, transcribe, and summarize calls as part of the phone booking process.
  • The Business (The Controller): You determine why calls are recorded. You may be legally responsible for:
    • Providing notice and obtaining necessary consent.
    • Updating your Privacy Policy to include AI processing and call recording.
    • Complying with "Right to Erasure" (GDPR) or "Right to Delete" (CCPA) requests.


Regional Laws and the Welcome Message

The Welcome Message is your primary tool for establishing consent. Because compliance varies dramatically based on regional laws, we recommend that you customize this message based on your region. 

Use the following patterns to tailor your messaging to meet the specific legal requirements of different major jurisdictions:

United States (One-Party vs. All-Party Consent)

While federal law often requires only one person's consent, several states require all parties to agree. Because you may not always know a caller's physical location, the safest industry standard is to assume two-party consent is required.

  • Recommended Message: "Hello. You’re speaking with an automated assistant. By continuing, you consent to the call being recorded and processed using AI for quality and training purposes. How can I assist you today?" 

European Union / UK (GDPR)

Under GDPR, recording is considered "processing personal data" and requires a Lawful Basis (usually Consent or Legitimate Interest). You must be fully transparent about both the recording and the use of AI.

  • Recommended Message: "Hello. This call is recorded and processed by AI to improve our service. For information on how we process your data, visit our website. How can I assist you today?" 

Canada (PIPEDA)

The "Meaningful Consent" standard requires that individuals understand the specific consequences and reasons for the recording.

  • Recommended Message: "Hello. This call is recorded and processed by AI to improve our service. You can request a transcript at any time. How can I assist you today?" 

Australia / South Africa (Strict Jurisdictions)

In regions like those governed by POPIA, or in specific industries like Healthcare, a passive message may not be sufficient. You should provide a clear opt-out.

  • Recommended Message: "Hello. We record calls for accuracy; if you do not wish to be recorded, please hang up now or visit our website to book. How can I assist you today?"
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