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. When a call is placed using your monday number, a disclosure announcement plays to both parties by default. 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 do so without notifying the other party, as long as the 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.
Disabling the recording disclosure announcement
By default, every monday Smart Call plays a short announcement, "This call is being recorded," at the start of the call. Admins can turn this announcement off for a specific number when generating a new virtual number or editing an existing one.
To disable the announcement, you must check a liability acknowledgment box. The acknowledgment reads:
"By disabling the recording disclaimer, you acknowledge that call participants will not be automatically notified that the call is being recorded. You are responsible for providing any required notice and obtaining all necessary consents in accordance with applicable laws."
International considerations
monday Smart Call is limited to numbers from specific regions. However, your contacts may be located outside of those regions, and the laws of their country may apply to the call. You are responsible for providing any required notice and obtaining all necessary consents in accordance with local applicable laws.
monday Smart Call and HIPAA
On HIPAA-enabled accounts, admins see a confirmation modal the first time they use monday Smart Call and must acknowledge this notice. A persistent reminder, "Smart Call is not HIPAA covered. Do not use with PHI," also appears in the Admin section, on the Phone Calls page, and in the mobile app when placing a call. monday.com logs the acknowledging admin's user ID, account ID, timestamp, and acknowledgment text for audit purposes.
The table below outlines what's generally OK and what isn't on HIPAA-enabled accounts:
| Use case | OK to use Smart Call? |
|---|---|
| Sales call to a doctor's office (business development) | Yes |
| Partnership outreach to a hospital admin | Yes |
| Calling a vendor about supplies | Yes |
| Calling a patient to confirm an appointment | No, contains PHI |
| Calling a patient about test results | No |
| Internal team call about workflow, with no patient information | Yes |
Rule of thumb: if the conversation involves a patient's identity tied to their medical information, don't use monday Smart Call for that call.
Do Not Call (DNC) list responsibilities
monday Smart Call does not check numbers against the National Do Not Call Registry or any state-level DNC list before a call is placed, and it does not enforce an internal DNC list unless you've marked one manually in your CRM. Maintaining DNC compliance is entirely your organization's responsibility.
To stay compliant, your team should:
- Subscribe to a DNC scrubbing service and regularly check your calling lists against it.
- Maintain an internal DNC list, for example, by adding a status column to your contacts board and manually marking each opted-out contact.
- Honor opt-out requests immediately. Under the TCPA, requests must be honored within 30 days company-wide, and records should be kept for 5 years or more.
- Document consent for the calls you do make.
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 exists or express written consent is obtained.
- 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.
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.
Data retention and deletion
By default, call recordings, transcripts, and summaries are kept for the lifetime of your account, with no automatic time-based deletion. When you or an admin deletes a specific call, here's what happens to each component:
| Component | What happens when a call is deleted |
|---|---|
| Audio recording | Removed immediately from active storage |
| Audio recording backups | Removed within 30 days |
| Transcript | Removed immediately |
| AI summary, topics, and action items | Removed immediately |
| Call metadata | The activity entry is removed; a billing metric is retained anonymously |
| Action items created from the call | Not automatically deleted, since they become standalone items |
For details on how monday.com handles data associated with calls, see the monday.com Privacy Policy. To request deletion under GDPR or CCPA, contact privacy@monday.com.
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, including if you've disabled the automatic disclosure announcement
- 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.