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Penal Code §263
Updated June 2026

🎙️ Am I allowed to record a conversation in Denmark?

With conditions
Quick answer

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. However, it is illegal to secretly eavesdrop on or record a conversation you are not part of. Sharing or publishing the recording is a separate question: playing it to outsiders can affect privacy under Penal Code §264 d. If the recording contains personal data, the data-protection rules also apply. So you must actually take part in the conversation, and you must be careful about sharing it on.

📋 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

Illegal eavesdropping under Penal Code §263 can bring a fine or up to 6 months prison, more in serious cases. Unlawful publication is punished separately.

📎 Official sources

Last verified: 2026-06-20

❓ 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, even without saying so.

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.

Can I share the recording?

Not automatically. Publishing it can affect privacy under Penal Code §264 d, and data-protection rules can apply.

What is the penalty for illegal eavesdropping?

A fine or up to 6 months prison under Penal Code §263, more in serious cases.

Must I take part in the conversation?

Yes. You must actually take part in the conversation for it to be legal to record it.

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