Kristy Gouldsmith
Digital communication is now central to legal practice. Solicitors frequently communicate with clients through phone calls, video meetings and messaging platforms such as WhatsApp. However, these tools raise important data protection and compliance considerations.
In a recent Chronicle Law webinar, “Law Firms: The Legalities of Recording Calls and Meetings and Using WhatsApp”, data protection specialist Kristy Gouldsmith explored the regulatory framework governing these practices and the practical steps firms should take to remain compliant. The full webinar recording is available here:
https://chroniclelaw.co.uk/webinar/law-firms-the-legalities-of-recording-calls-and-meetings-and-using-whatsapp/
Data protection fundamentals
The starting point for any recording or digital communication involving client information is data protection law. In the UK, this primarily means the UK GDPR and the Data Protection Act 2018.
Whenever law firms record calls or meetings, they are processing personal data. As a result, firms must identify a lawful basis for that processing under Article 6 of the UK GDPR.
While legitimate interests may apply in some circumstances, Gouldsmith emphasised that consent is generally the appropriate legal basis when recording clients, because the firm is creating new personal data by capturing the client’s voice, image or information during the interaction.
Recording calls
If a law firm wishes to record telephone calls with clients, it must obtain clear consent before recording begins.
Clients should be informed that the call is being recorded, the purpose of the recording, how the data will be used or shared, and how long the recording will be retained. Firms should also ensure their privacy notices clearly explain the use of call recordings.
If a client declines consent, the call should not be recorded.
Separately, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 allow organisations to record calls in certain circumstances, such as establishing facts, ensuring regulatory compliance, or monitoring staff training. However, these rules operate alongside data protection requirements rather than replacing them.
Recording online meetings
The same principles apply to video meetings conducted through platforms such as Zoom or Microsoft Teams.
Recording a meeting captures a participant’s voice, image and personal information, meaning consent should generally be obtained from all attendees before recording begins.
If consent is refused, the firm may need to avoid recording the meeting or ensure that the individual does not participate in the recorded portion.
An exception may apply for training events, where legitimate interests may provide a suitable legal basis for recording.
Using WhatsApp and messaging services
Messaging platforms are increasingly used by lawyers for quick communication with clients. However, these messages still form part of the client file.
In MacInnes & Anor v DWF Law LLP [2025] EWHC 3252 (SCCO), the court made it clear that WhatsApp communications relating to chargeable work must be treated as part of the file. As the judge noted: “if you charged for it then it’s part of the file.”
Because of this, law firms should limit messaging services to administrative or logistical communications, such as arranging appointments or confirming receipt of documents.
Where substantive legal advice is provided through messaging services, firms should ensure that the conversation is saved to the client file and ideally confirmed in a more formal communication, such as email or letter.
Practical steps for law firms
To manage these risks effectively, firms should consider:
- Obtaining clear consent before recording calls or meetings
- Updating privacy notices to explain recording practices
- Limiting WhatsApp use to administrative communication where possible
- Ensuring messaging conversations are saved to the client file
- Training staff on appropriate use of messaging platforms
Balancing convenience and compliance
Modern communication tools offer clear benefits for law firms and their clients. However, as this webinar highlights, their use must be carefully managed to ensure compliance with data protection law and professional obligations.
By adopting clear policies and ensuring client transparency, firms can make effective use of these tools while maintaining the standards expected in legal practice.