Recording meetings has become commonplace. With a single click, an AI-powered transcription tool can produce a written record almost instantly.

The benefits are clear: easy access to an accurate written transcript of the discussion, fewer misunderstandings, and easier follow-up on decisions. But what seems practical from an organisational point of view also raises significant legal questions.

In Luxembourg, a business meeting is not a public forum. Whether held among colleagues or with a client, a service provider or members of an association, it is generally a private exchange. Once the meeting is recorded, participants’ voices, statements and, in some cases, opinions are captured as personal data. The GDPR [1] therefore applies.

As the CNPD [2] explained in its recent guidance on the audio recording of meetings [3], the practice of recording meetings is not prohibited but must be justified, appropriately governed, and proportionate.

Informing participants in advance

The first consideration should be a human aspect, rather than a technical one. Participants must be informed that the meeting will be recorded, why it is being recorded, how the recording will be used, and how long it will be retained.

A brief announcement at the start of the meeting may not always be sufficient, particularly where meetings are regularly recorded. In an employment context, employers must be particularly careful. Employees must be given sufficient information to understand the nature and scope of the arrangement, and its practical implications.

Recording should not create a climate of constant surveillance or be used for purposes other than those for which it was originally made. For example, an audio recording retained to prepare minutes should not subsequently be used to assess an employee’s performance.

The legal bases for recording

The CNPD identifies two possible legal bases [4].

The first is consent. In theory, this appears straightforward: everyone agrees to the recording. In practice, however, it is far more complicated. In an employment relationship, an employee may not feel genuinely free to refuse, particularly where the recording is proposed by their employer or line manager.

The second possible basis is legitimate interests. This may be appropriate where the recording meets a genuine need, such as producing a reliable transcript of a complex or important meeting. However, it must still be demonstrable that the recording is necessary and that no less intrusive alternative is available, such as taking notes, preparing minutes to be approved by the participants or producing a transcript without retaining the audio recording.

Best practice considerations

Before recording a meeting, you should ask yourself a few simple questions.

Why does this meeting need to be recorded? Who will have access to the recording? How long will it be retained? Have the participants been properly informed? Is the recording genuinely necessary, or is it merely convenient?

Where recording meetings becomes a regular internal practice, it is advisable to set out the applicable arrangements in an internal policy or set of guidelines. For meetings involving external participants, advance notice of the intended recording may be provided in the meeting invitation, for example by including a link to a privacy notice. These measures help to establish a clear framework and avoid ad hoc practices, which often pose the greatest risks.

Recording a meeting should therefore never become the default. The CNPD emphasises that each situation must be assessed in light of its particular context [5].

If you have any questions about the lawfulness of recording your meetings or need assistance preparing appropriate internal documents, such as a policy, set of guidelines or privacy notice, our Media, Data & Technologies team is available to assist you and provide advice tailored to your needs.

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[1] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

[2] Commission Nationale pour la Protection des Données (National Commission for Data Protection).

[3] CNPD, Guidance on ‘Enregistrement sonore des réunions’ dated 1 April 2026.

[4] Ibid.

[5] Ibid.