Short answer. In most cases, yes, but only if you have consent. The exact rules depend on the country and sometimes the US state. This guide gives you the practical version, with Confee as the working example of how an AI wearable handles consent in the field. It is not legal advice. For a major rollout, get a lawyer.
Key takeaways
- The EU is consent-first under GDPR. You need a clear lawful basis, almost always explicit consent.
- The US is split. About a dozen states require all parties to consent. The rest require only one.
- A trade show booth does not lower the bar. Crowded does not mean public.
- Visible signals (LED light, posted notice) plus a verbal ask are the safest practice everywhere.
- Confee was designed GDPR-first so consent, transparency, and per-conversation deletion are built into the device, not bolted on.
Europe: GDPR is the operating system
In the EU, recording someone's voice and processing their data through AI is regulated under GDPR. The most practical lawful basis for sales recording is explicit consent.
That means:
- The other person must know they are being recorded.
- They must agree before the recording starts.
- They must be able to withdraw consent later.
- The recording can only be used for the purpose you stated.
Practical steps for an EU trade show.
- Brief your team on the consent script before the event.
- Show a short consent screen on your phone or device before pressing record.
- Use a device with a visible light or signal so the recording status is obvious.
- Store the data on EU-based servers.
- Honor deletion requests within the legal window.
A natural script that works:
"Mind if I record this so I don't lose the details? You can ask me to delete it any time."
Most prospects say yes. Some say no. Both responses are fine, as long as you respect them.
United States: it depends on the state
US law splits states into two camps.
- One-party consent states. Only one person on the call needs to consent. If you are part of the conversation, you can record it.
- Two-party (all-party) consent states. Everyone in the conversation must consent.
Two-party states include California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania, and Washington, among others. The list shifts, so check before each trip.
Trade show complications.
- The event might be in a one-party state, but your prospect could be from a two-party state. Some courts apply the stricter rule.
- Federal law sets a one-party floor, so even if your state allows it, you still need to be a party to the conversation.
- Recording the audio of a third person walking by your booth is not the same as recording your conversation. Avoid it.
Safest US practice. Act as if every state is a two-party state. Ask for consent. Show a visible signal. Move on.
What "consent" actually looks like in practice
Consent is not a contract. It is a clear, voluntary, informed yes. To make it real:
- Be visible. Use a device that shows it is recording. A pendant with an LED light is much harder to challenge than a hidden microphone.
- Be specific. Say what you are recording, why, and what you will do with it.
- Be reversible. Make it easy to delete the recording on request.
Bad consent looks like a six-paragraph terms-of-service screen jammed into the conversation. Good consent is one sentence and a checkbox.
Trade show specifics
Three things most people get wrong.
- The booth is not a public space for legal purposes. Background noise is fine, but recording a specific person without consent is still recording a specific person.
- Photos and audio follow different rules. A photo of a busy hall is generally fine. A 30-second audio clip of a conversation is not.
- B2B consent is still personal data consent. "Business conversations" do not exempt you from GDPR or state consent laws.
How Confee handles this
Confee was designed to work inside these rules without slowing the rep down. Three concrete features.
- A visible LED trust light on the device. The other person can always see when recording is active.
- An in-app consent flow that loads before any recording starts.
- Per-conversation deletion. One tap removes the recording and the extracted data.
That is the difference between a tool that respects the law and one that hopes nobody notices. The full data flow and retention rules are in our privacy policy.
FAQ
Can I record someone without telling them at a US trade show? In a one-party consent state, technically yes if you are part of the conversation. We strongly recommend you do not. The legal risk and brand damage is not worth the seconds you save.
Does a sign at the booth that says "this booth uses AI recording" count as consent? Probably not on its own. Implied consent through signage is weak. Pair signage with a verbal ask or a digital consent flow.
What if the prospect says no? Take notes by hand or on your phone. The conversation is still useful. Force is the wrong tool here.
Are there countries where this is just illegal? Some countries have stricter rules than the EU baseline. Always check before you fly to a new market. France, Germany, and Italy have specific national rules layered on top of GDPR.
Does Confee handle the consent flow for me? Yes. The Confee companion app shows a one-screen consent prompt before any recording starts, and the device's LED trust light makes the recording state visible to the other person. You still need to brief your team on the verbal ask, but the technical scaffolding is built in.
Sources
- Confee privacy documentation
- Regulation (EU) 2016/679 (General Data Protection Regulation)
- Reporters Committee for Freedom of the Press, Recording Laws by State
This article is general information, not legal advice. Confirm with counsel before deploying any recording program.