Our marketplace website is thinking about adding a call recording feature to calls (our own Skype for the web essentially) made by users on the site, if they so choose to use it.

The system would operate in a way that makes it clear to everyone in the call that they are being recorded. The purpose for call logging is to provide the users that transact on the platform with a way to collect evidence before a transaction could result in something bad, such as a scam. Our marketplace would then use the call audio recordings to aggregate evidence for a case against scammers, and decide if we should take action such as banning the scamming user in a case.

Thanks, John Doe.

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    Thjis is a question about what the law does or does not permit, not a request for legal advice. it should not be closed on that ground. – David Siegel Aug 13 '19 at 21:23

Assuming you aren’t limiting its reach, you will be operating in many jurisdictions and at least some of them will require all parties to consent. It is also likely that the consent will, at least in some jurisdictions need to be specific and active.

Your proposed solution is unlikely to cut it.

However, a solution where a pop-up says “David wants to record this call. If you agree you will have access to the recording. Do you agree?” and recording only happens after all parties have said yes is likely to be OK. Seek legal advice.

  • Where can I seek further specific legal advice for this? – John Doe Aug 2 '19 at 0:15
  • From your lawyer – Dale M Aug 2 '19 at 0:19

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