Denmark Audio and Video Recording Laws

Can You Record Phone Calls and Conversations in Denmark?

Denmark is a one-party consent jurisdiction, which means you are allowed to record conversations and phone calls that you take part in without seeking the consent of other participants.

As long as you are an active participant in the conversation, you are free to record it. However, it is illegal to spread or in any way disseminate private conversations without the consent of all parties involved.

If you are not an active participant in a conversation, you need to obtain consent from at least one of the participants before recording.

According to Section § 263 (3) of the Danish Penal Code (Straffeloven), it is unlawful, with the aid of equipment, to secretly listen to or record statements made in private, phone conversations or other conversations between others, or negotiations in a closed meeting in which you are not taking part or to which you have unlawfully obtained access.

Key Points About Recording in Denmark

  • Personal recordings: You may record any conversation you are a party to without informing others
  • Third-party recordings: Recording conversations you are not part of requires consent from at least one participant
  • Distribution restrictions: Even legally made recordings cannot be shared publicly without consent
  • Evidence use: Recordings are generally admissible as evidence in Danish courts, even if obtained without the other party’s knowledge

Video Recording Laws in Denmark

It is against the law to photograph a person who is NOT in an open place accessible to the public or to use a telescope or other equipment to observe such a person. This is covered under Section § 264a of the Penal Code.

In short, you cannot photograph, video record, or surveil someone who is in an area where there is a reasonable expectation of privacy. Such areas include homes, changing rooms, locker rooms, hotel rooms, bathrooms, and similar private spaces.

Also illegal is obtaining or exploiting information brought to light by a violation of Section § 264a, even without directly participating in the violation. This is specified in Section § 264c.

According to Section § 264d of the Penal Code, it is illegal to spread or forward information or pictures concerning another person’s private life, or pictures of a person depicting circumstances that ought to be withheld from the public.

Recording Minors

It is illegal to record obscene photographs or films of a person under the age of 18 years with the intention to sell or disseminate the material (Section § 230).

It is also illegal to disseminate such obscene photographs or films of persons under 18 years (Section § 235).

CCTV and Video Surveillance

Denmark has specific regulations for CCTV and video surveillance under the TV Surveillance Act (TV-overvågningsloven). Businesses and private individuals who operate surveillance cameras must:

  • Display clear signage indicating that surveillance is in operation
  • Limit surveillance to areas where it is necessary and proportionate
  • Comply with GDPR requirements for data processing and storage
  • Not direct cameras toward public roads or neighboring properties without authorization

EU GDPR and Its Impact on Recording in Denmark

Denmark follows the European Union’s General Data Protection Regulation (GDPR), implemented in Denmark through the Danish Data Protection Act (Databeskyttelsesloven) which came into force on May 25, 2018. The GDPR was established to control the processing of data, including voice recordings, owned by EU citizens by companies that have access to such data.

The Danish Data Protection Authority (Datatilsynet) is responsible for enforcing data protection laws in Denmark.

Key GDPR Principles Affecting Recordings

  • Lawfulness: Recordings must have a valid legal basis under Article 6 of the GDPR
  • Purpose limitation: Recordings can only be used for the specific purpose they were collected for
  • Data minimization: Only necessary data should be recorded and retained
  • Storage limitation: Recordings should not be kept longer than necessary
  • Transparency: Data subjects must be informed about recordings in most business contexts

Important Note on Data Protection for Deceased Persons

Under Danish law, personal data about deceased persons remains protected for 10 years after the person’s death. This is a unique provision in Danish data protection law that extends beyond standard GDPR requirements.

Call Recording Laws for Companies

According to the Danish Data Protection Authority (Datatilsynet), companies are required to carefully consider whether it is necessary to obtain the consent of participants before recording a telephone conversation.

If a data controller assesses that it is necessary to record a telephone conversation for documentation purposes, and the content of the telephone conversations cannot be documented in any other way without significant practical difficulties (including by preparing telephone notes or through subsequent correspondence with the data subject), then it is the Data Inspectorate’s opinion that the conversation can be recorded without the consent of the data subject.

However, if the data controller considers it necessary to obtain consent, the consent must meet the conditions outlined in the Data Protection Regulation.

Therefore, consent must be sought actively and unambiguously. Silence or inactivity is not adequate to constitute an unambiguous action or statement.

For example, in the case of a phone call, consent can be obtained through an action such as pressing a button to confirm acceptance of recording.

When recording conversations for training purposes, companies are typically required to obtain consent from the data subject. Exceptions may apply in special circumstances, such as in cases of emergencies or rescue services.

The TDC Case (2019): A Landmark GDPR Ruling

On April 11, 2019, the Danish Data Protection Authority issued a significant ruling against TDC A/S, Denmark’s largest telecommunications company. The ruling established that affirmative consent is required when companies record customer telephone calls.

In this case, TDC provided disclosures to customers that calls “may be recorded for training purposes,” but offered no mechanism for customers to opt-in or opt-out of the recording. When a customer requested that a call not be recorded, the service agent stated there was no way to turn off the recording.

The Danish DPA rejected TDC’s arguments that its recording practices served a legitimate interest (such as improving customer service) and concluded that the company’s telephone recording practices violated the GDPR.

Key takeaway: Training purposes alone are not a lawful basis to record calls. Companies must obtain explicit consent or demonstrate that recording is necessary to fulfill a contract requirement, legal obligation, vital interest of the customer, or another valid GDPR purpose.

The Danish Business Authority Case (2021)

In July 2021, the Danish Data Protection Authority ruled against the Danish Business Authority (Erhvervsstyrelsen) for recording all incoming telephone calls without prior consent.

The Business Authority had been recording all calls since June 2018, storing them for 96 hours. They argued the recordings were necessary for:

  • Protecting employees from threats and documenting incidents for potential police reports
  • Training and quality assurance purposes

The DPA found that:

  • General recording of all calls cannot be considered “necessary” given the rare occurrence of actual threats
  • Recording for quality and training purposes requires consent from data subjects
  • Public authorities cannot rely on “legitimate interest” as a legal basis and must use consent

The Authority was ordered to bring its practices into compliance within four weeks and received serious criticism from the DPA.

Can You Record Work Conversations in Denmark?

Before recording work conversations, you need to consider whether your coworkers’ and employer’s interests outweigh your own interests.

The Supreme Court Ruling (2020): Employee’s Covert Recording

In a landmark case, the Danish Supreme Court ruled on whether an employee’s secret audio recording of a conversation with their employer could justify dismissal.

Background: A customer advisor had a disagreement with his employer about commission payments. During a heated meeting with his manager, the employee secretly recorded the conversation. When this was discovered during subsequent legal proceedings, the employer dismissed the employee, effective from the date of the recording.

The district court and high court initially ruled in favor of the employer, finding that the covert recording constituted a material breach of the duty of loyalty in the employment relationship.

However, the Supreme Court overturned this decision, holding that:

  • The actual audio recording did not constitute a breach of the employment relationship
  • Whether a secret recording constitutes a breach depends on “a specific assessment of the interests of the employee vis-à-vis the interests of the employer and other parties concerned”

Factors the Court Considers

The Supreme Court stated that emphasis must be placed on:

  • Purpose and background: Including whether the employee had a special opportunity to secure evidence that the employer was violating the employee’s rights
  • Type of information recorded: Whether the information is purely about private matters or information that “should be confidential for the sake of the company or others”
  • Subsequent use: How the recording was used after it was made

In this case, the employee claimed he made the recording solely for his own use, to have a record of what was said during the interview. The meeting occurred spontaneously, and he had no opportunity to bring someone to document it.

The Supreme Court found that the purpose, background, contents, and subsequent use of the recording were justified for objective reasons, and the interests of the manager and other employees did not outweigh this interest.

Practical Guidance for Workplace Recording

Based on this ruling, recording conversations in the workplace may be within your right if you are:

  • Capturing potential violations of your rights (harassment, discrimination, bullying)
  • Recording conversations that do not contain confidential company information
  • Using the recording for legitimate purposes such as evidence in a dispute

Important considerations:

  • Employers retain the right to set policies prohibiting recordings in the workplace
  • Recording trade secrets or confidential business information could still justify dismissal
  • Each case is assessed on its specific circumstances

Employer Monitoring of Employees

Employers in Denmark may monitor employees’ electronic communications under certain conditions, but must:

  • Have a legitimate business purpose
  • Inform employees about monitoring practices
  • Comply with GDPR principles of proportionality and data minimization
  • Document their monitoring policies

Journalist and Media Recording Rights

Freedom of speech and freedom of the press in Denmark are ensured by § 77 of the Danish Constitution, which states: “Anyone is entitled to in print, writing and speech to publish his or her thoughts, yet under responsibility to the courts. Censorship and other preventive measures can never again be introduced.”

Press Ethical Rules on Clandestine Recordings

The Danish Press Council enforces ethical guidelines for journalists. According to the Press Ethical Rules (revised May 22, 2013):

“Clandestine recordings should only be published if the persons involved have given their consent, or if the interests of society clearly supersede the claim for protection of the individual and it is not possible, or only possible with great difficulty, to obtain the necessary journalistic evidence in any other way.”

This means journalists may use hidden recordings when:

  • There is significant public interest
  • The information cannot be obtained through other means
  • The public interest outweighs individual privacy concerns

The Jersild Case: European Court Precedent

In a notable case that went to the European Court of Human Rights, Danish journalist Jens Jersild was convicted in Denmark for filming a news report in which extremists made racist remarks. The European Court found that convicting Jersild for his journalistic work was disproportionate and violated his right to free speech under Article 10 of the European Convention on Human Rights.

This case led to reforms in how Denmark balances press freedom with other legal concerns and established important protections for journalists conducting investigative reporting.

Court Cases and Real-World Enforcement

Case: Illegal Wiretapping in Family Dispute (2024)

In September 2024, the Danish Data Protection Authority addressed a complex case involving illegally obtained recordings being used in a child welfare investigation.

A father had conducted illegal wiretapping (hidden microphones) of his child’s mother, resulting in a criminal conviction under Section 263(2) of the Penal Code. The father forwarded these recordings along with a child welfare complaint to Helsingør Municipality.

Initially, the municipality decided to disregard the illegal recordings. However, after the Family Court (Familieretshuset) expressed concerns and requested the municipality reconsider, they reversed their decision and chose to use the illegally obtained data.

The DPA’s ruling: After consultation with the Data Protection Council, the DPA found that the municipality’s processing of the illegally obtained information was lawful because:

  • The processing served the greater interests of the child
  • The municipality was exercising official authority under Article 6(1)(e) of GDPR
  • The data protection rules must be balanced against other fundamental rights, including child welfare

This case illustrates that illegally obtained recordings may still be used in certain circumstances where significant public interests are at stake.

Case: Recording Government Meetings (Sønderborg Municipality)

Several Danish municipalities have established clear policies regarding citizens’ right to record meetings with government officials. Sønderborg Municipality, for example, has published guidelines confirming that citizens may audio record conversations and meetings they participate in.

These policies reflect the general Danish legal principle that participants in conversations may record them without prior consent from other parties.

Summary Table: Recording Laws in Denmark

Situation Legal? Requirements
Recording your own phone calls Yes No consent needed from other parties
Recording conversations you participate in Yes No consent needed from other parties
Recording conversations between others No Consent from at least one participant required
Distributing private recordings No Consent from all parties required
Video recording in public places Yes Generally permitted
Video recording in private places No Recording without consent is illegal
Business call recording (training) Conditional Explicit consent required under GDPR
Business call recording (documentation) Conditional May be permitted if no practical alternative exists
Workplace recording by employees Conditional Depends on purpose and balancing of interests
Journalist hidden camera/audio Conditional Must serve significant public interest

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Penalties

  • Illegal wiretapping (Section § 263): Violating Section § 263 (2) and (3) is punishable by a fine or imprisonment for any term not exceeding six months.
  • Privacy violations (Sections § 264a, § 264c, § 264d): Photographing or surveilling persons in private settings, exploiting illegally obtained information, or distributing private images/information is punishable by a fine or imprisonment for any term not exceeding six months.
  • Child exploitation material (Sections § 230 and § 235): Recording or distributing obscene material of persons under 18 is punishable by a fine or imprisonment for any term not exceeding two years. In particularly aggravating circumstances, imprisonment for any term not exceeding six years.
  • GDPR violations: Companies that violate data protection rules may face administrative fines of up to €20 million or 4% of annual global turnover, whichever is higher. The Danish Data Protection Authority may also issue warnings, reprimands, and orders to bring processing into compliance.

Frequently Asked Questions

Can I record a phone call without telling the other person in Denmark?

Yes, if you are a participant in the call, you may record it without informing the other party. However, you cannot distribute or publicly share the recording without consent.

Are recordings admissible as evidence in Danish courts?

Yes, recordings made by a party to the conversation are generally admissible as evidence in Danish courts, even if the other party was not aware of the recording.

Can my employer record my work calls?

Employers may record work calls under certain conditions, but they must comply with GDPR requirements, including having a valid legal basis, informing employees of recording practices, and ensuring proportionality.

What should I do if someone records me without consent in Denmark?

If you were a participant in the conversation, the recording itself may be legal. However, if the recording is distributed without your consent, you may file a complaint with the police or the Danish Data Protection Authority.

Can I install a dash camera in my car in Denmark?

Yes, dash cameras are generally permitted. However, you should be mindful of GDPR requirements if the footage captures identifiable individuals, particularly if you plan to share or publish the recordings.