European UnionConsumer Rights Directive
Officially Consumer Rights Directive, Notice of Call Recording in Distance Financial Services Calls
Directive 2011/83/EU, Art. 16a(3), second sentence, as inserted by Directive (EU) 2023/2673
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- This Directive is addressed to the Member States (Article 5), which had to adopt and publish the measures necessary to comply with it by and apply them from (Article 2(1)), so a trader meets these rules through each Member State's transposing law.
- It reaches you if you are a trader in a distance contract with a consumer for the supply of financial services (Article 3(1b) of Directive 2011/83/EU) and you communicate with the consumer by voice telephony: when a call is being recorded, or might be recorded, notify the consumer that this is the case (Article 16a(3), second sentence).
Who enforces it
Enforcement body
Each Member State's own courts and administrative bodies: Article 23(2) of Directive 2011/83/EU requires the means to ensure compliance to include provisions under which public bodies or their representatives, consumer organisations and professional organisations having a legitimate interest, as determined by national law, may take action before the courts or the competent administrative bodies.
What this law does
Article 16a(3), second sentence, inserted into Directive 2011/83/EU by Article 1, point (4), of Directive (EU) 2023/2673, requires the trader, when a call is being recorded or might be recorded, also to notify the consumer that this is the case. Unlike the first sentence of Article 16a(3), which names the call initiated by the trader, the second sentence names a call that is being recorded or might be recorded without saying who initiated it.
Article 3(1b), inserted by the same Directive, applies Articles 16a to 16e of Directive 2011/83/EU to distance contracts concluded between a trader and a consumer for the supply of financial services. Article 2, point (2), of Directive 2011/83/EU defines a trader as any natural or legal person, irrespective of whether privately or publicly owned, who is acting for purposes relating to a trade, business, craft or profession.
Member States apply the measures transposing Directive (EU) 2023/2673 from . Article 24(6), inserted by Directive (EU) 2023/2673, requires Member States to ensure that penalties imposed in accordance with Article 21 of Regulation (EU) 2017/2394 for infringements of the measures adopted under Article 3(1b) include the possibility of fines through administrative procedures or legal proceedings.
When LexLint raises it
When your app profile says your app records conversations, processes voice recordings or provides financial services.