No difference between dashcams and action cams – from a legal perspective
In most European countries, the authorities make no distinction between a dashcam in a car and an action cam on a motorcycle. Regardless of whether the camera is mounted on the windshield, helmet, or vehicle, the respective national data protection laws apply. In individual cases, helmet cameras may cause problems with the helmet’s ECE approval. However, this aspect is a special case and is only mentioned here in passing.
Many countries require that video material be automatically overwritten, for example by means of a so-called loop function. Some action cameras also support this technology, which makes them more flexible in legal terms. Nevertheless, even such a function does not protect against penalties if filming is prohibited in principle.
Strict ban: Portugal, Austria, Switzerland, Luxembourg
Some countries take rigorous action against the use of dash cams and action cams in road traffic. In Portugal, not only is the use of a dash cam in a vehicle punishable by law, but even the mere possession of one is a criminal offense – even if the camera is switched off. Visibly mounted cameras on the windshield, helmet, or even in the trunk can result in heavy fines. The maximum penalty can be up to €25,000 (approx. US$27,000). This is based on Data Protection Act No. 58/2019, which prohibits recording in public spaces without a valid reason.
Austria also takes a strict approach: dash cams are considered illegal video surveillance here. Penalties can also reach up to €25,000 (approx. US$27,000). In Luxembourg, video recordings in public spaces are generally prohibited – even from inside your own vehicle. Switzerland only allows video recordings with the express consent of all persons recorded, which is practically impossible to implement.
Partially permitted: France, Italy, Spain, Croatia, Slovenia
In countries such as France, Italy, and Spain, dash cams and action cams are generally permitted, but under clear conditions. In France, private use is permitted, but faces and license plates must be blurred if the footage is published. Violations can be punished with fines of up to €45,000 (approximately US$49,000). In addition, the storage period is limited (recordings may only be stored for longer periods for valid reasons) – ideally, only a loop function should be used.
Italy takes a similar approach. Private recordings that are regularly overwritten are permitted, provided that the cameras do not obstruct the view. Helmet cameras are allowed as long as they do not require any structural changes to the helmet.
Spain permits the use of dash cams and action cams provided that they do not cause distraction and data protection rules are observed. Operating the device while driving is prohibited and can be punished with a fine of 200 euros (around 220 US dollars) and points on the driver’s license. Here, too, publication without blurring the faces of individuals and license plates is prohibited.
Croatia and Slovenia do not have specific dashcam laws. Their use is tolerated there as long as data protection regulations are observed. This means that private filming is permitted, but publication is only allowed if anonymized.
Germany and other countries with restrictions
In Germany, the use of dashcams and action cams is permitted to a limited extent. Only short, event-related recordings are permitted – for example, using a loop function or in the event of an accident. Continuous filming is prohibited. Recordings may be used as evidence in court, provided they have been made in compliance with data protection regulations.
Belgium allows private use, but requires the consent of all parties involved for publication. Greece officially advises against their use. Even passing on video material to authorities can be considered a violation of data protection laws. Norway allows dash cams, provided they are easily removable and film in a continuous loop.
Publishing recordings: Legal risks even after your vacation
Even publishing recordings after returning from vacation can have legal consequences. Data protection violations occur in the respective vacation country, not just when uploading. For example, if you film in Portugal, where filming in public spaces is prohibited, publishing the footage later can result in penalties, even if the material is posted online from abroad. Data protection authorities can theoretically take action and request platforms such as YouTube to delete the footage or involve national authorities. This is particularly problematic if faces or license plates are visible in the videos.
Conclusion: Different rules – high penalties possible
The regulations on the use of dash cams and action cams are inconsistent in Europe and can even vary drastically from one neighboring country to another. Portugal, Austria, Switzerland, and Luxembourg are particularly critical – here, you should refrain from using cameras altogether.
In other countries, their use is possible, but only under strict conditions. If you want to be on the safe side legally, only use cameras with a loop function, refrain from publishing anything, or at least anonymize all identifiable features.
