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 mobile app: go to Settings → select your line → tap Recording Consent → toggle it on.
From the web dashboard: go to app.beside.com → click Phone Numbers → click your line → scroll to Compliance & Privacy → toggle Recording Consent 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.
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 AI Receptionist calls?
Does the consent message also cover AI Receptionist calls?
Yes. When Recording Consent is enabled, the automated message plays at the start of all calls - including those handled by the AI 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.
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."