ARTICLE · 16 MAY 2017

Call Recording By Customer Services Under Montenegrin Law

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As customer service call recording concerns personal data protection, under what conditions is it allowed in Montenegro?

MontenegroPrivacy

Marija Vlajkovic

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As customer service call recording concerns personal data protection, under what conditions is it allowed in Montenegro?

Legal framework

Two laws regulate call recording: the Electronic Communications Act (Zakon o elektronskim komunikacijama) ("Official Gazette of Montenegro" no. 40/13, 56/13 and 2/17) (the "ECA") and the Personal Data Protection Act (Zakon o zaatiti podataka o ličnosti) ("Official Gazette of Montenegro" no. 79/09, 70/09 and 44/12) (the "PDPA"). The laws complement each other, as the ECA prohibits unconsented call recording in general, while the PDPA prohibits unconsented data processing, which encompasses call recording. Interestingly, neither of these laws specifically regulates the opt-out approach, ie announced subsequent monitoring, if a user does not disagree. In line with general principles this would be considered noncompliant with the local data protection regulations, although it is tolerated by the Data Protection Agency (the "Agency").

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