Meeting Recording Laws: What You Need to Know

Recording meetings has become standard practice for professionals who want accurate notes, searchable transcripts, and reliable records of what was discussed. But before you hit record, you need to understand the legal landscape. Meeting recording laws vary significantly depending on where you are, who's on the call, and whether the meeting is in person or virtual.

Federal Law: The One-Party Consent Baseline

At the federal level in the United States, recording laws are governed by the Electronic Communications Privacy Act (ECPA) of 1986. Under federal law, you can legally record a conversation as long as at least one party to the conversation consents. Since you're a participant in your own meetings, your consent counts — meaning federal law generally allows you to record any conversation you're part of without telling others.

However, federal law sets a floor, not a ceiling. Individual states are free to impose stricter requirements, and many do.

One-Party vs. Two-Party Consent States

The most important distinction in US recording law is between one-party consent and two-party (all-party) consent states.

• One-party consent states follow the federal standard. If you're part of the conversation, you can record it without notifying others. The majority of US states follow this rule, including New York, Texas, Colorado, and Ohio.
• Two-party consent states require every participant to agree to the recording. Recording without everyone's knowledge can result in civil liability or criminal penalties.

Key two-party (all-party) consent states include:

• California — Penal Code Section 632 requires consent from all parties. Violations can carry fines up to $2,500 per occurrence and potential jail time.
• Florida — Chapter 934 makes it a felony to intercept or record communications without all-party consent.
• Illinois — The Illinois Eavesdropping Act requires all-party consent for private conversations.
• Pennsylvania — Title 18, Section 5703 requires all-party consent and treats violations as a felony.
• Washington — RCW 9.73.030 requires consent from all participants in private conversations.
• Maryland, Massachusetts, Montana, Oregon, New Hampshire, Connecticut — All require some form of all-party consent.

When participants are in different states, the general best practice is to follow the stricter law.

Workplace Recording Rules

Even in one-party consent states, employers may have internal policies that restrict recording meetings without authorization. Violating company policy may not be criminal, but it can be grounds for termination.

The National Labor Relations Board (NLRB) has also weighed in on workplace recording policies. Blanket bans on recording can sometimes be challenged if they interfere with protected concerted activity under the National Labor Relations Act. The legal landscape here is nuanced and evolving.

Virtual Meeting Recording

Platforms like Zoom, Google Meet, and Microsoft Teams typically notify participants when a recording starts, which can serve as a form of implied consent — participants who stay on the call after the notification are generally considered to have consented.

However, this implied consent argument has limits. In strict all-party consent jurisdictions, a generic notification may not be sufficient. Best practice is to verbally announce that you're recording and give participants the opportunity to object or leave.

International Considerations: GDPR and Beyond

If your meetings include participants in the European Union, the General Data Protection Regulation (GDPR) applies. Under GDPR, recording a meeting constitutes processing personal data, which requires a lawful basis — usually explicit consent from EU-based participants.

GDPR also gives individuals the right to access, correct, and request deletion of their personal data — including recordings and transcripts. Other jurisdictions, including Canada (PIPEDA), Australia, and the UK, have their own frameworks. The common thread is transparency: tell people you're recording and handle the data responsibly.

Best Practices for Recording Meetings Legally

1. Always announce the recording. Let everyone know at the start of every meeting. This is the single most effective step for compliance.
2. Get affirmative acknowledgment. In all-party consent states or with international participants, ask for explicit verbal consent.
3. Check company policy. Review your organization's policies on recording before you start.
4. Know your participants' locations. For virtual meetings, apply the strictest applicable standard.
5. Store recordings securely. Use tools that encrypt recordings and transcripts.
6. Limit access and retention. Only share recordings with people who need them.

How Wave Helps You Record Responsibly

Wave is designed with compliance in mind. It gives you multiple recording methods so you can match your approach to the situation. Use the meeting bot when you want visible, automatic recording for scheduled calls. Use the desktop app or mobile recorder when you want to capture audio without a bot in the participant list. Either way, you announce that you're recording, and Wave handles the rest.

After the meeting, Wave automatically transcribes the conversation with speaker labels and generates AI summaries. Your transcripts and recordings are private and encrypted, and Wave is SOC-2 compliant. Combined with a verbal announcement, Wave gives you a legally sound, privacy-respecting workflow for capturing every important conversation.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Recording laws are complex, vary by jurisdiction, and change over time. If you have specific questions about the legality of recording in your situation, consult a qualified attorney.