Stop Recording Clients! The Legal Fine Print in Nigeria

Today on the podcast, we're going to be looking at why you should not be recording conversations that you have with your clients and with your potential customers. Or rather, we're going to be looking at when you can record these conversations, when you can record, when is it a good idea? How, why? How will I put it? OK, when to record, why you should record if you want to, when it would be a good idea and how to go about it.

Yeah. OK, so those are the things that we're going to be talking about today on the podcast. And sorry, this one might be a little bit rambly because I didn't quite gather my ideas. In fact, it's an emergency episode because I'm currently chatting with someone, putting him through one or two things. And the guy said that he wants to record the customer conversation. So I told him no, do not record. So now that I've sorted out that matter with him, I said, let me come on here and make it just in case there are some of you who are thinking that this is a good idea that you're going into a meeting.

You will now just go and record that you haven't informed somebody. So that's all we're going to be talking about today on the podcast. Now, sorry about the noise in the background because I'm out and about, you know, as I do from time to time with a parking lot, just trying to get some work done before I move for my next engagement. So there's going to be noise in the background because I'm outside a, a mall in Wusetu in Abuja.

So welcome to the podcast. I'm your host, Tavishma Aidi, and this is what I've been doing for years, you know, not hitting cars outside parking lots, but rather over the podcast been giving ideas about how to grow your Nigerian business, you know, in our unique Nigerian way, if you can put it that way. So this podcast is not generic. We get straight to the meat of the matter, whether it's on how to relate with customers or how to grow your sales.

And if you enjoy these sorts of things, then this podcast is your jam. So subscribe on Spotify, YouTube, Apple, or any player of your choice. And if you'd love to connect, you can call, send me a text message or a WhatsApp message on 08064662140. Now today on the podcast, recording conversations that you have with your clients, with your potential customers, you know, whatever. Is it a good idea? The answer is yes, it is a good idea and the reason is why isn't the reason is this.

It's not really for record keeping per SE, but it's just for the purpose of improving your business. That is the reason why when you call in some places like, you know, MTN or what else, Napa, you know, big, big, big companies like this, they will tell you that this company, this phone call is going to be recorded for training and customer service purposes, you know, blah, blah, blah, blah, blah, their usual spiel. So the whole idea is if you have a conversation that you can listen back on later on, you'll be able to see, you know, was I

effective, did I hit the mark? Where did I miss the plot? What could I have done better, You know, things like that. So that's the whole point, the whole reason behind recording. Now recording conversations has become increasingly popular because excuse me, you know, back in the day now, let's say some 10/15/20 years ago when mobile tech was still new, at least Nigeria back then was still new. If I need to record the conversation, man, it was, it was work.

You know, like you would have the phone conversation and maybe you have like your recorder next to your mouth, but you're only recording your own part of the conversation. Back then, they used to say that the military government could tap GSM phone lines. You know, I don't know how true it was, but, you know, we used to hear just. And for the coup plotters, Abby, was it the coup plotters like the phantom coup, you know, a Batcha?

Was it dear? No, not dear. What's the guy's name? I can't remember anyway, but that whole phantom coup thing, you know, supposedly was busted because of GSM recordings where they tapped people's phone lines. So I'm just saying that back in the day, if you wanted to record a phone conversation, you know, you had, you need some special skills. Then there were some apps that could do that, but I think they were paid apps.

But, you know, now basically everybody's phone has that record thing. Like even my own phone, it's a Xiaomi 13 C you know, it has the sorry, 12 C Yeah, it has the recording thing. So anybody can record phone calls nowadays. So it's a lot easier now because it's a lot easier for lots of people do it. And you know, we see on social media where somebody's having a conversation with another person and they don't know that the conversation is being recorded and anything is leaked and no things like that.

So people record conversations all the time. Now because of that, business owners and sales people, self-employed people who want to improve the efficiency in sales, I mean the effectiveness in sales are thinking it is a good idea I should be recording these conversations so that I can review. So in principle, wonderful idea, very good idea, but the problem is in practice we go about it wrong. There are lots of business owners that just assume that,

OK, I want to record the conversation. Let me go ahead and record the conversation. No, don't do that. This is the way that it works in Nigeria, in Canada, in America, in Australia, basically in Commonwealth countries. Commonwealth countries are countries that used to be, that have been colonized by, by Britain, the United Kingdom. So for Commonwealth countries, you do not record anybody without telling them first. All right, So if you want to record the conversation, you tell the Madam, Oh, Mommy, thank you very much for taking this meeting.

Oh, by the way, I hope you don't mind. Just for customer service purposes, I would like to record this conversation. You know, is that OK? And then look at madam's face squarely, because some people will say yes, but when they're squeezing their face, you know that that yes, it's just 1/2 for do. So in that case, say, you know, during Madam, I think let's, let's, let's just do it with that. I'll just make some notes instead.

Even if somebody says yes with their mouth, bow their body language, you see that they're squeamish somehow, then they shake somehow, then no, don't. Number one, we could run into some legal issues #2 even if there are no legal issues, there are some people that lock up when they know that something is being recorded. I repeat, there are some people who lock up when they know that something is being recorded in photography and in videography.

We call that being camera aware. There are some people that they are feeling cold or feeling relaxed, everything, you know, In fact, there's even some, I even noticed that yesterday at the event that I covered for the British Council, there was one guy there, Doctor Micah. Shout out to Doctor Micah in case you know, if you ever listen to the podcast. So Doctor Micah now before the event, he was, you know, flowing chatting with everybody, you know when they call Doctor Mike on stage.

And then when the camera started rolling, my guy just lock up. He became very formal. I say I waiting Apple somebody that was social butterfly before the moment camera begin to roll, my guy just lock up, very formal, very stiff. So it happens when cameras start rolling, some people lock up. When audio recording starts, some people lock up now in sales or customer service or whatever. We're trying to get people to talk freely.

Let us know what's on their mind. If you're getting the feeling that is the kind of person that would lock up once you press record, please don't press record. Sit down, have a nice conversation, be making small notes. Let the person be flowing free. Get all the information that you need. You don't have to record every single conversation. Or please, if you are in a Commonwealth country, please, if you've been recording conversations like this in Nigeria, you've been getting away with it.

You go and visit somebody in America, you want to close business, don't try it. Don't try this. Don't try this in another country. You've been getting away with it in Nigeria. Do not try this in another country. Do not record any conversation with anybody, whether in a private context or in a business context, without telling them. Now, boss, I hope you don't mind. Madam, I hope you don't mind. Sir. I hope you don't mind.

Chief, I hope you don't mind. I want to record this conversation. Do you have a problem with that? Tell them first. There is no legal way for ordinary people like you and I to record a conversation for business purposes with somebody else without us getting their permission 1st. And that is why I'm making today's emergency recording in case there are other people like this guy that I'm chatting with right now, who think that that's possible.

It's not possible. It's not a good idea. If you've gotten away with it in the past, then stop it now. If you are a business that routinely records people's conversations, you need a way of notifying them ahead of time. Like with the British Council event yesterday that I was at, people come in and they sign, you get your badge, you get your everything. Then there is a consent form that they are given so that if you do not want your image to be taken, if you do not want your voice to be recorded, if you do not want your image to be captured, sign here so that we will ignore you.

And it happens from time to time. There's usually like two or three people who say don't put my face anywhere, don't put my voice anywhere. So you need to look for, come up with policies for your business that will help facilitate these sorts of things. So if you guys normally record people like MTN, like Airtel, like Zenith Bank customer service, like NEPA customer service, like you know, all these other companies notify people ahead of time.

That is the reason why why you call NEPA before they put you on hold for 30 minutes because when I called them yesterday, because they did that rubbish again like disappeared for one whole day. Do not tell me that I'm on Band-Aid, you're charging me times 3 or you're charging me time times 3. The price of of how much other Nigerians pay. But you can just take my light one day, 2 days like that. Come on Napa, you guys are not trying.

So, you know, they put me on hold and they told me your call is important to us. At the beginning of the call, they said, please know that this call may be recorded for customer service purposes. So come up with policies, let people know when they're interacting with you that you're going to be recording the conversation. So if you haven't done that, please do not record a conversation with anybody. Please do not, do not do not.

It is illegal. Even if it was not illegal and even if you have gained their permission. If somebody is hyper aware around these things, they will lock up and you will not get the truth from them. You won't get the, you won't know what's on their mind. I remember this is sales, relationship building rapport. Want people to be free, want them to be flowing. You know who are feeling ourselves. As I'm talking, you're feeling me.

As you know, as you, you're talking, I'm feeling you. That is what facilitates sales. If anybody's locking up, if me, I'm locking up, there's a problem. If the other person is locking up, there's a problem. Let's try and facilitate easy flowing conversation. But yes, the spirit behind it is correct. Let us try and note what it is that we're doing so that we'll know how we can improve. We'll know what to avoid, and we'll know what to repeat.

So if recording is not possible, then pen and paper. OK. So I think that is just it Recording, recording, recording. Yeah, I think that's it. I think that's it. Pretty much. Yeah. That's it. There's, there's nothing else to add. So if you remember, if you'd love to connect, you can call, send me a text message, send me a WhatsApp message on 08064662140. And if you love this kind of content, then stay subscribed here. Keep scrolling.

There's over 1200 episodes as at today's date of the recording. So keep listening as you listen. No down things as you, no down things apply. As you apply, let me know what works. If some things don't work, let me know. If you disagree with something, let me know. If you just want to say hello, let me know. Either way. That's the reason why I give my phone number at the beginning and at the end of every single episode so that you guys can reach out.

So thanks for listening. I will see you guys soon.