Hi,

When we call orange support team here in Switzerland, they announce that for quality and training purpose, call will be recorded. Is this announcement on other hand allow me also to record call for quality of their support or not. It will be great if some one let me know from legal point.

Best Regards

You simply need to inform the other party that you're going to record the call.

Some more detailed information in German

You can also refuse it, when the operator answers, you can state that you do not wish that this call will be recorded.

If they do it is another thing.

The recorded calls are also used for evaluating the operator, and sometimes comes in handy when you as operator are accused of saying things you didn't.

However you do have the right asking not to be recorded.

You can request, that it gets switched off. But in the 2 callcenters i have worked, they could not switch it off. Only in 1 of them, we had to be honest and tell the customer we could not switch it off. That was quite embarassing.

Doc.

Thanks for reply.

Actually I do not have problem with recording of my call. What happen operator tell me something and later on usually their support team on email tell something completely different. So in this case, as they already announce recording of call and both party me and orange knows that call is being recorded. So in this case if I also start recording on my side for my record purpose. Is this legal ?

Best Regards

I'm sure you can but will it hold up in court is the question.

Say i am on the other side of the phone as the person who follows up on your issue, i can not know if that is one of my 500 collegues you've taped, or your friend speaking on it.

Its your word against his i'm afraid.

Once in UK, I said in a Phone call, with my electricity supplier, I recorded the call, and it would be used as an evidence if this got to court. Then I asked her, if she wanted a supervisor by her side, and I got the most correct service ever. :-)

I guess it would be legal here too, if you inform the other person, and tell them to contact a supervisor, but no companies have treated me bad enough here, that it was necessary to consider legal action :-)

In all cases, should you wish to rely on recorded evidence, randomly interject with, "sorry , could you repeat your name and extension/department please...". In real life, only a small sample of calls are recorded. The mere mention that you are recording the call, or are acting as if you are is enough to get the desired reaction. At the end of the call, request via email or writing that they preserve the conversation, again, they have limited recording space and such a request will lead to a more interested reply or service. If they have no evidence of the call, no matter what you or they claim, it is your word against theirs, and failure on their part to produce a recording, is seen dimly by the courts should legal action ensue. This happened to me with BT and a mere request for the recording wad enough to get my own way.

Thanks for quite informative reply.

So from legal point of view, it is ok for other party to also record call when first party announce recording of call.

Actually I do not plan to go court with this recording. But this can be used to tell support person on email what I have been told on phone is totally different what he is saying. And if required I can post that recoding here for your useful feedback.

So I was asking is it legal to record call when other party had announced recording of call.

Best Regards

In all instances where I have used the chat facilities with a supplier, I have made a copy of the transcript (just copy and paste into a .doc document) and kept it until I was sure the issue was resolved. I realize that chat is not always available, but when it is I prefer it to a phone call.

That is not the case! For you, as a private person, it is illegal to record a conversation without prior consent from the other party

What you can do is either inform the other party, or you can ask them to hand over the recordings ("threaten" to have them hand over) based on art. 8 DSG (Swiss data protetction law).

Please note that using a technical device to record a conversation without either the consent of the other party OR the proper legal base (that you do not have as a private person) is punishable by fine or up to 3 years of prison (art. 179bis StGB Swiss penal code).

I'd let them record it in the uk my car was broken into and the gps was stolen, I phoned the insurance co and the call center bod said no problem, get it replaced and we'll pay, so I did. anyway I sent them the receipts and they refused to pay as it was an after market unit. So I complained, and for once the law was on my side they went back to the recorded call, heard what there member of staff had said and had to pay out in full, so its not just there arse they are covering it can also help you.

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In this case other party announce recording of call and asked me for my consent. And I do not have any problem. So both of us now know that call is being recorded. So now one question is that who can now record call i.e. only the first one who have announced it or the second party can also do. And second question is that at the time when first party ask for consent of other party to record call what about his consent about recording the call. So which of following is valid

1. First party say that we are recording call for quality purpose and if you want to record, first ask from us.

2. First party say that we are recording call for quality purpose and as we are recording call so you are also free to do so.

3. First party say that we are recording call for quality purpose and you are not allowed to do so.

4. Or something else

1) is correct. If you want to record, you have to obtain consent from them.

I've always wondered how explicit one must be in getting consent.

If I wish to record a call, and they have recorded disclaimer that the call was being recorded on their side can I just say to the rep "Is this call being recorded?" or "Did you know this call was being recorded?", once they say they were aware, does it really matter which party actually records it? I can't see that it does, so long as both parties aware it's recorded.

I'm sure what I said above is not allowed, but I can't think of a good reason why.

After 4 emails to orange, I got following reply from orange.
"Thank you for your email.

We do not have a service to send any records to customers."

So what can I do now.