Beside automatically records and transcribes your calls so you can keep track of important details. Depending on where you and your caller are located, there may be legal requirements around notifying the other party before recording.
This article covers the consent rules in the U.S. and Canada, and how to use Beside's built-in tools to stay compliant.
United States: one-party vs. all-party consent
Federal law: one-party consent
Under U.S. federal law, only one participant in the conversation needs to consent to the recording. If you're part of the conversation, you can record without informing the other parties. If you're not part of the conversation, you must obtain consent from at least one person on the call.
State laws: one-party vs. all-party consent
State laws vary and fall into two categories:
One-party consent states (38 states + Washington, D.C.)
Only one party needs to consent. If you are part of the call, no additional notice is required.
All-party consent states (13 states)
States included: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
All parties must consent to the recording. You must inform and obtain consent from everyone on the call before recording or transcribing.
Calls across different states
If you and your caller may be in different states, or you're unsure:
Assume all-party consent applies - it's safest to inform all parties at the beginning of the call
Inform callers at the start that you're recording or transcribing
Obtain explicit consent (verbal or written), especially for sensitive or business-critical conversations
Canada: federal and provincial rules
Recording as a private individual: one-party consent
If you're calling as a person (not a business), you can record the call if you are one of the participants. You do not need to inform the other person. This rule comes from the Criminal Code of Canada.
Recording as a business: you must inform the caller
If you're calling as part of your business, work, or commercial activity:
You must tell the caller that the call is being recorded
You must explain why (e.g., accuracy, notes, follow-up)
If they stay on the line after the notice, that counts as consent
This applies across most of Canada under PIPEDA (the federal privacy law for organizations). You don't need the caller to verbally say "I agree" - notifying them clearly is enough.
Provincial differences
Most provinces follow the same pattern: individuals can use one-party consent, businesses must notify the caller. Quebec has additional privacy expectations (Law 25), but the core rule is the same.
💡 Best practice: Always notify callers when recording if you are conducting business in Canada.
How Beside helps you stay compliant
Enable automatic consent message
Beside can automatically play a brief message letting callers know the call may be recorded.
From the web app: go to app.beside.com → click Settings in the sidebar → click Phone Numbers under Workspace → select your line → on the General tab, scroll to Compliance & Privacy → toggle Recording Consent on.
From the mobile app: go to Settings → if you have multiple lines, select your line → under Calls, tap Recording Consent → toggle it on.
Disable recording when needed
You can stop recording during a call if the caller requests it.
You can exclude specific contacts from recording entirely.
Your Receptionist honors a caller who asks not to be recorded, without you having to do anything. See below.
When a caller asks your Receptionist to stop recording
If your Receptionist answers and the caller clearly asks not to be recorded, it agrees and Beside keeps no recording of that call. No transcript and no summary are produced from it either, and nothing is sent on to your connected integrations.
In your conversation, the call still appears with who called and when, marked Not recorded: the caller asked not to be recorded. So you know the call happened, and why there is nothing to play back.
📌 It takes a clear request about recording:
Your Receptionist only does this when the caller actually asks about being recorded. A plain "no" to another question, an unclear word, or a recorded announcement on the caller's own line does not trigger it.
If your Receptionist is unsure, it asks the caller a simple yes or no question first rather than assuming.
It never raises the subject of recording by itself.
This is separate from the Recording Consent message above, which notifies every caller at the start of the call. Keep that switched on where your state requires it.
FAQ
Do I need to notify callers if I'm in a one-party consent state?
Do I need to notify callers if I'm in a one-party consent state?
Not legally, if you're part of the conversation. However, if your caller might be in an all-party consent state, it's safest to notify them. When in doubt, enable Beside's automatic recording consent message.
Does the consent message also cover Receptionist calls?
Does the consent message also cover Receptionist calls?
Yes. When Recording Consent is enabled, the automated message plays at the start of all calls - including those handled by the Receptionist.
What if a caller asks me to stop recording?
What if a caller asks me to stop recording?
You can stop recording during the call by tapping the Recorder button on your call screen. Once stopped, recording cannot be restarted for that same call.
What happens if a caller asks my Receptionist not to be recorded?
What happens if a caller asks my Receptionist not to be recorded?
Your Receptionist agrees and no recording is kept, along with no transcript and no summary. The call still shows in your conversation with the caller and the time, marked Not recorded: the caller asked not to be recorded. You do not need to do anything, and the rest of the call carries on as normal.
Could my Receptionist drop a recording by mistake?
Could my Receptionist drop a recording by mistake?
It only acts on a clear request about recording. Saying "no" to a different question, unclear speech, or an automated "this call is being recorded" notice on the caller's side does not count, and your Receptionist asks a yes or no question when it is unsure. If you do see a call marked as not recorded that should have been, tell us through the Support chat with the time of the call.
I'm a Canadian business - is notifying callers enough, or do I need explicit verbal consent?
I'm a Canadian business - is notifying callers enough, or do I need explicit verbal consent?
Under PIPEDA, notifying callers clearly is sufficient. If they stay on the line after being informed, that counts as implied consent. You do not need them to verbally say "I agree."