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GDPR and AI calling: what to watch out for

Automated (AI) calling is legal if you follow data protection rules. The key is a legal basis (typically legitimate interest or consent), informing the person, allowing an easy opt-out and processing data in the EU. A GDPR breach can cost up to EUR 20M or 4% of turnover. This text is not legal advice.

Key figures

EUR 20M / 4%

maximum fine for a serious GDPR breach (of turnover)

Source: GDPR Art. 83

72 h

deadline to report a data breach to the supervisory authority

Source: GDPR Art. 33

Best practices

Have a clear legal basis (legitimate interest with a test, or consent).
Introduce yourself transparently and state the purpose at the start.
Allow an easy opt-out and respect it.
Process recordings and transcripts in the EU and only as long as needed.
Keep records of processing and processor agreements with vendors.
For marketing messages, also respect ePrivacy rules.

FAQ

Is AI calling legal?

Yes, under GDPR: a legal basis, informing the person, an opt-out option and processing data in the EU. Confirm your setup with a DPO or lawyer.

Do I need consent to call?

Not always – for your own customers legitimate interest with a proper test often suffices. Targeted marketing to new contacts is stricter.

Must I disclose that AI is calling?

Transparency is a core GDPR principle and good practice – introduce yourself as a digital assistant and state the purpose.

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GDPR and AI calling: what to watch out for

Key figures

Best practices

FAQ

Try it with Milee

Sources

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