When your team makes calls using monday Smart Call, local and national laws may require you to inform the other party that the call is being recorded or monitored. monday.com provides the calling infrastructure, but your organization is responsible for complying with all applicable call recording and privacy laws in your region and the regions of your contacts.
This article provides an overview of key legal considerations so your team can use monday Smart Call in a compliant way. This is not legal advice. Consult your legal team for guidance specific to your business and jurisdiction.
Why call recording laws matter
Many jurisdictions require one or both parties on a call to consent before the call can be recorded. Violating these laws can result in significant financial and legal consequences for your business.
The two most common legal frameworks are:
- One-party consent – Only one participant on the call needs to consent to recording. In practice, this means the person making the recording (for example, your sales rep) can record without notifying the other party, as long as that recording is for a lawful purpose.
- Two-party (or all-party) consent – All participants on the call must consent before a recording can take place. This is common in several US states and many countries outside the US.
Because monday Smart Call is a US-based service in this release, US federal and state laws are the primary framework to understand. However, if your contacts are located in other countries or US states with stricter rules, those laws may also apply.
US federal law
Under the Electronic Communications Privacy Act (ECPA), federal law in the United States follows a one-party consent standard. One participant in a call may record without notifying other participants, provided the recording is not made for an illegal purpose.
However, federal law sets a floor, not a ceiling. Individual US states are free to impose stricter requirements, and many do.
US state laws
Several US states require all-party consent. If you or your contact is located in one of these states, you must inform the other party before recording.
A common best practice for businesses that operate across multiple states is to treat all calls as if they fall under all-party consent rules. This typically means starting every call with a disclosure such as:
"This call may be recorded for quality and training purposes."
If the contact continues the call after hearing the disclosure, their continued participation is generally interpreted as consent in most jurisdictions. Consult your legal team to determine the right approach for your business.
International considerations
monday Smart Call V1 is limited to US phone numbers. However, your contacts may be located outside the United States, and the laws of their country may apply to the call. Some international frameworks to be aware of include:
| Region / Framework | Key requirement | Applies when |
|---|---|---|
| European Union (GDPR) | Explicit consent required before recording; data must be processed lawfully with a documented legal basis. | Calling contacts in EU member states |
| United Kingdom (UK GDPR / PECR) | Similar to EU GDPR; consent and transparency obligations apply to call recording and unsolicited calls. | Calling contacts in the United Kingdom |
| Canada (PIPEDA / provincial laws) | Consent is required for collection of personal information, including call recordings. Canada's Anti-Spam Legislation (CASL) may also apply to outbound contact. | Calling contacts in Canada |
| Australia (Privacy Act) | Consent to record varies by state; the Telecommunications (Interception and Access) Act applies to call interception. | Calling contacts in Australia |
Outbound calling and TCPA
In the United States, the Telephone Consumer Protection Act (TCPA) regulates how businesses can contact individuals by phone. Key requirements relevant to outbound sales calls include:
- Calls to numbers on the National Do Not Call (DNC) Registry are prohibited unless a prior business relationship or express written consent exists.
- Calls using an automatic telephone dialing system (ATDS) or pre-recorded messages require prior express written consent from the recipient.
- Calls may only be made between 8:00 AM and 9:00 PM in the recipient's local time zone.
The current version of monday Smart Call does not include automated or predictive dialing. Calls are manually initiated by your team members. However, your team is still responsible for maintaining an internal DNC list and respecting opt-out requests, regardless of the calling method used.
monday.com's role and your responsibility
monday.com provides the infrastructure for making and logging calls. monday.com does not monitor the content of your calls or enforce compliance with call recording or consumer protection laws on your behalf.
Your organization is responsible for:
- Determining whether call recording is enabled and whether local laws require consent disclosures before recording
- Informing call participants of any recording before or at the start of the call where required
- Maintaining and honoring your DNC list and opt-out records
- Ensuring your team only calls contacts during permitted hours in the recipient's time zone
- Storing and handling call recordings in accordance with applicable data protection laws
- Reviewing and updating your calling practices as laws change
For details on how monday.com handles data associated with calls, see the monday.com Privacy Policy and the Data Processing Agreement (DPA).
FAQs
Related learning
- Getting started with monday Smart Call
- monday.com Privacy Policy
- monday.com Data Processing Agreement (DPA)
If you have any questions, please reach out to our team right here. We’re available 24/7 and happy to help.