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The Bliro AI Sales Assistant documents customer conversations online and on site via real-time transcription (live transcript) without creating audio or video recordings. The central question for sales managers and data protection officers: Do you always need the express consent of all participants? The short answer: not necessarily. In this practical guide, you will find out under which conditions an AI transcription without consent is legally justifiable, what you still need to consider and what a specific setup looks like. This article takes a closer look at the privacy section of our Guide to AI-supported conversation documentation in B2B field sales.
Consent or legitimate interest: The two ways to legally secure AI transcription
The GDPR has several legal bases for processing personal data. In practice, there are two possible options for AI-based meeting transcription, as offered by the bliro KI-Sales Assistant: consent (Art. 6 para. 1 lit. a DSGVO) and legitimate interest (Art. 6 para. 1 lit. f DSGVO).
Consent sounds secure at first glance, but it has disadvantages. Each participant must actively, be informed and voluntarily agree. This consent can be withdrawn at any time. Voluntariness is particularly difficult to ensure in an employment relationship, as BRANDI law firm in an analysis explained.
This legitimate interest offers a more flexible alternative to tools such as the bliro KI sales assistant. Die Baumgartner Baumann law firm describes in a technical article from 2025 that Art. 6 para. 1 lit. f DSGVO does not depend on consent that can be withdrawn at any time for meeting transcriptions. The prerequisite is a three-stage review: legitimate interest, necessity and balancing of interests.
Why technical architecture makes the difference
Whether an AI transcription can be based on legitimate interests depends largely on the technical implementation. The crucial question: Is audio saved or not?
that Bavarian State Office for Data Protection Supervision (BayLDA) comes to a clear conclusion in its 15th activity report 2025: A live transcription without permanent storage of the spoken word can in principle be based on a legitimate interest. It is crucial that only an anonymized summary is saved, not the full transcript.
The State Commissioner for Data Protection Baden-Württemberg (LfDI BW) differentiates even further in its 40th activity report 2024: Legitimate interests can serve as a legal basis for AI-generated meeting summaries. A complete word-for-word transcript, on the other hand, usually requires consent. The supervisory authority recommends that participants be informed of the transcription as soon as they invite the meeting.
The technical architecture is also relevant under criminal law. One legal analysis on unternehmensstrafrecht.de (2025) comes to the conclusion that a pure live transcription without saving the audio material is not a recording within the meaning of § 201 StGB. However, most common tools on the market cache audio, which reveals the facts. The Deutsche AnwaltSpiegel confirmed in a specialist article from March 2026: In legal literature, it is overwhelmingly stated that a live transcription with purely volatile RAM processing does not represent a recording within the meaning of Section 201 StGB.
Your practice setup in 5 steps
Even though consent is not absolutely necessary, transparency and information obligations remain in place. Die Data protection law firm recommends a specific setup, which we recommend from IMSCHWEILER-LEGAL law firm complement:
1. Fulfill the information obligation under Article 13 GDPR: Include a reference to the AI transcription as early as the meeting invitation. The Bliro KI Sales Assistant works invisibly in the background, but your interlocutors need to know that a live transcript is being created.
2. Advance notice before the start of the call: Give an oral or written note before starting Bliro real-time transcription. For online meetings, LfDI BW also recommends a pop-up. For on-site appointments, a brief verbal note at the start of the conversation is sufficient.
3. Check necessity (data minimization): Not every conversation needs to be transcribed. Check whether the documentation is required for the respective meeting. The Bliro KI Sales Assistant can be activated specifically for each meeting. The law firm IMSCHWEILER-LEGAL recommends including the requirement as a first step in every practice checklist.
4. Involve works councils at an early stage: In accordance Section 87 (1) No. 6 BetrVG The works council has the right to participate in the introduction of technical equipment. According to one Analysis on LRZ Legal (2025) almost every operational use of AI requires the involvement of the works council. A framework operating agreement on the use of AI can speed up the implementation process for tools such as the Bliro AI Sales Assistant.
5. Conclude an order processing contract (AVV): An AVV with the tool provider is absolutely necessary. The bliro KI sales assistant is ISO 27001 certified and processes data on EU servers (AWS Frankfurt).
What skeptical voices say
Not all supervisory authorities share the assessment of BayLDA and LfDI BW. Die Saxon Data Protection and Transparency Officer takes a stricter position: A call recording could not be based on legitimate interests, as more lenient means, such as manual protocols, are available.
The key point: This stricter rating applies to tools that record audio. Die Data protection experts from Dr. Datenschutz (intersoft consulting) point out that a pure transcription without sound recording is rated as less invasive by the majority of commentators. The technical architecture therefore makes the difference even when it comes to skeptical evaluation.
Our tip: When introducing the Bliro KI Sales Assistant, involve your data protection officer and document the balance of interests. In this way, you are on the safe side, even if the supervisory authorities have not yet agreed on a uniform line.
How Bliro solves the issue of consent
The Bliro KI Sales Assistant uses proprietary real-time transcription: Audio is processed exclusively in volatile memory (RAM) and is not saved as a file. There is no meeting bot that visibly joins, and no audio or video recordings. This technical architecture is exactly the prerequisite described by BayLDA and legal literature for basing on legitimate interests.
In concrete terms, this means for your team: You don't need the express consent of every interviewee if you comply with transparency obligations. The bliro KI sales assistant works for online meetings and on-site appointments via iPhone, iPad or laptop. The data is processed on EU servers (AWS Frankfurt) and the ISO 27001 certification is regularly audited.
Common questions about the consent requirement for AI transcription
Does AI transcription always require the consent of all participants?
No, express consent is not always required. The Bavarian State Office for Data Protection Supervision (BayLDA) confirms in its 15th activity report 2025 that a live transcription without permanent audio storage can be based on a legitimate interest in accordance with Art. 6 para. 1 lit. f DSGVO. The prerequisite is that no audio is saved and that participants are informed in advance. The Bliro KI Sales Assistant meets these requirements thanks to its RAM-only architecture.
Is an AI transcription without consent not punishable under § 201 StGB?
According to prevailing legal opinion, a pure live transcription without saving the audio material does not constitute a recording within the meaning of Section 201 StGB. It is crucial that the audio is only processed in memory (RAM) and is not saved as a file. Tools that cache audio, on the other hand, are subject to the protection of § 201 StGB.
What obligations still exist, even without consent?
Even when based on legitimate interests, participants must be informed in advance of the transcription in accordance with Article 13 GDPR. The Baden-Württemberg supervisory authority recommends a note as early as the meeting invitation. In addition, an order processing contract (AVV) with the tool provider is mandatory and the works council must be involved in accordance with Section 87 BetrVG.
Don't some regulators say that AI transcription always requires consent?
Yes, the Saxon Data Protection and Transparency Commissioner takes a stricter position. However, this refers to tools that record and save audio. BayLDA, LfDI BW and the majority of legal literature regard legitimate interest as a justifiable legal basis for pure live transcription without sound recording.
How does the Bliro AI Sales Assistant work without recordings?
The Bliro KI Sales Assistant uses proprietary real-time transcription, which processes audio exclusively in volatile working memory (RAM). No audio or video files are created, no meeting bot joins the conversation. The transcription works via system audio for online meetings and for on-site appointments via iPhone, iPad or laptop. The Bliro KI Sales Assistant is ISO 27001 certified and processes data on EU servers (AWS Frankfurt).
Frequently Asked Questions
