Am I allowed to record a conversation in Denmark?
Yes — you can record a conversation you take part in yourself, even without telling the others. It is not a breach of Penal Code §263 to record your own conversation, and a participant can of course also consent to it. It is, however, illegal to secretly eavesdrop on or record a conversation you are not part of — you must actually take part, not just listen in. The trap is what happens afterwards: sharing or publishing the recording is an entirely separate question. Playing it to outsiders can affect privacy under Penal Code §264 d, even though making the recording was legal. If the recording contains personal data, the data-protection rules apply on top of that.
📋 The rules
- Legal to record a conversation you take part in
- Not a breach of Penal Code §263
- Illegal to eavesdrop on a conversation you are not part of
- Sharing the recording is a separate question
- Data-protection rules apply with personal data
🔓 Exceptions
- A participant can consent to the conversation being recorded
- Publishing the recording can affect privacy under Penal Code §264 d
- You must actually take part in the conversation, not just listen in
⚠️ Penalties & fines
If you record your own conversation there is no penalty — it is not a breach of Penal Code §263. If you secretly eavesdrop on or record a conversation you are not part of, it can cost a fine or up to 6 months prison, and more in serious cases. The overlooked risk is in the sharing: a recording that was legal to make can be unlawful to publish, and that is punished separately, because it can affect privacy under Penal Code §264 d. If the recording contains personal data, the data-protection rules apply on top of the criminal law.
📎 Official sources
- Legaldesk · May I record a conversation →
- Penal Code §263 · Retsinformation →
- Data Protection Authority · Audio recordings →
❓ Frequently asked
Can I record a conversation I am part of?
Yes. It is not a breach of Penal Code §263 to record a conversation you take part in, and you do not have to tell the others. The same goes for a phone call you are a party to yourself from start to finish.
Can I record a conversation I am not part of?
No. It is illegal to secretly eavesdrop on or record a conversation you are not part of, and it is punishable under Penal Code §263. You must actually take part — listening in from the sidelines is not enough.
Can I share the recording?
Not automatically. Playing the recording to outsiders or publishing it is a separate question and can affect privacy under Penal Code §264 d, even though the recording itself was legal to make.
What is the penalty for illegal eavesdropping?
A fine or up to 6 months prison under Penal Code §263, and more in serious cases. Unlawful publication is punished separately, so the two can come on top of each other in one and the same case.
Do the data-protection rules apply to my recording?
Yes, if the recording contains personal data. Then the data-protection rules apply on top of the criminal law, and that matters above all if you store the recording or pass it on to other people.
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