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Privacy, GDPR and the AI Act

Privacy and security: you decide what is recorded and how long it is kept

Gestión Smart answers calls for businesses that process their customers’ data: appointments, phone numbers, invoices and, in clinics, clinical records that must remain protected. This page describes how the system is configured today and what you can adjust from the panel.

Gestión Smart tells callers on every call that an artificial intelligence is answering, as required by the EU AI Act; it does not record audio unless the business switches recording on; it keeps transcripts and recordings for between 7 days and 3 years, as the business decides; and it signs a data processing agreement before the first call.

We are in the process of ISO/IEC 27001 certification and will not display any seal until we have obtained it. This page describes the measures the system applies today and what is logged.

Last updated: 3 October 2026

On every callThe customer hears it at the start of the call. It cannot be switched off.
OffIt is off by default. Each business can switch it on from the panel.
7 days to 3 yearsFor transcripts and recordings, you set the period. Recordings without a defined period are deleted after 30 days.
FiveEach person only accesses what concerns them. Every change and every playback is logged.
Panel Compliance screen: the AI notice marked as mandatory, the retention period set to 365 days and the switches for recording and the data processing agreement.

The AI notice is mandatory, and recording depends on it

The EU Artificial Intelligence Act (Regulation (EU) 2024/1689) requires callers to be informed that they are talking to an artificial intelligence. In Gestión Smart, that announcement is played by the switchboard before the agent speaks, and it cannot be switched off from the panel or excluded by contract.

Mandatory AI notice

At the start of the call, the customer hears that an artificial intelligence is answering on behalf of your business. The wording includes the business’s name; playing it is always mandatory.

“You are speaking to an artificial intelligence assistant from [your business]…”

Recording off by default

A newly registered business does not record audio: it only has the transcript of each call. If you need the audio, you can switch recording on from the panel.

Two separate announcements

The first states that an AI is answering and plays on every call. The second states that the call is being recorded and is only needed if you switch recording on. The panel does not allow recording to be switched on without that second announcement.

The path of a call

From the moment the phone rings until its data is deleted.

  • Incoming call If the number is in a record, the system identifies the customer before the greeting. Recognised by their number
  • AI notice It is the first thing the caller hears. It is played by the switchboard, not by the agent, and it cannot be skipped. On every call
  • The conversation The transcript is saved turn by turn; the audio, only if the business has switched recording on. Optional audio
  • Automatic deletion When the period expires, the transcript and the recording are deleted automatically. 7 days to 3 years

Retention: you set the period

An accountancy firm may need to keep data for three years; a hairdresser, for one month. The period is entered in days on the Compliance screen and, from then on, deletion is automatic. The panel offers 30, 90 and 365 days as quick options. The clinical record, if your practice manages it in the panel, is kept for the period required by law.

Transcripts and call data

They are kept for the period you set, between 7 days and 3 years. When it expires, they are deleted automatically, together with the notes the agent took during the conversation.

Recordings without a defined period

30 days. This is the period that applies until another one is set, so that an oversight does not result in an unlimited audio archive.

Who can change it

The owner, from the panel, and the change is logged with their name and the time. The other roles can see the period, but cannot change it.

When the period expires, the audio and the text are deleted automatically and cannot be recovered from any screen.

Sensitive data encrypted

The agent needs to know that Dr Soler is available at 11:30, but not the reason for the appointment. The system is designed so that it cannot access that information.

Encryption and credentials

Connections to the panel and to your software are encrypted. Health data, sensitive data in customer records and credentials are stored encrypted with a key unique to each business. Credentials stay on the server: they are not sent to the browser, they do not appear in the page code and nobody can see them in the panel once they have been saved.

ID number protected It is stored encrypted in the customer record, and in the panel only authorised profiles can see it.

Health data kept away from the agent

Diagnoses, symptoms and treatments are not provided to the phone agent and do not reach any language model. If your practice uses the clinical record and clinical alerts in the panel (allergies, medical history, medication), that data is stored encrypted, only with the patient’s recorded consent, and only authorised staff can see it.

Data the agent does use The available time, the professional, the name of the service and the appointment number.

Consent with date and channel

When someone gives their consent, the system records the date and the channel: whether they gave it during the call or signed it at reception. The same applies to a professional’s cloned voice, which requires their express authorisation before it is used.

Evidence for your files The record shows the date and the channel, ready to be added to a file.

Five access roles with defined permissions

Whoever handles billing does not need to read a record, and whoever checks the call history does not need to see an ID number. This is the default permissions table.

Swipe the table sideways to see all the columns.

Our team only goes in when you open an incident and we need to review what happened. Every change we make and every recording we listen to appears in your activity log with our name, just like those of any member of your team.

RoleCalendar and appointmentsCustomer recordsRecordingsBillingActivity log
OwnerEverythingEverythingListens and sets the retention periodEverythingFull access
EditorCreates, changes and cancelsCreates and editsListens and readsNo accessNo access
Read onlyView onlyViews, with sensitive data maskedReads the transcript, no audioNo accessNo access
BillingDate and service onlyNo accessNo accessEverythingNo access
Platform teamOnly when there is an open incidentOnly when there is an open incidentOnly when there is an open incidentOnly its own, to issue the invoiceIts activity is logged

A log of every playback and change

Many data protection incidents start with improper access. That is why, in addition to changes, the system logs every playback of a recording and every view of a clinical record.

Every playback, logged

Every playback of a recording is logged: who listened to it, which call it was and at what time. If someone asks who listened to a conversation, the answer is in the panel.

Example

09:22 · Views the clinical record of #48102 Ana G. · editor

09:24 · Listens to the recording of call #8831 Luis M. · owner

Every change, with its author

Moving an appointment, merging duplicate records, changing a price or shortening the retention period is logged with its author and the time. The log cannot be deleted from the panel.

Traceability for any complaint If a customer makes a complaint, the log shows what they were told on the phone, who changed it afterwards and at what time.

Two requirements before going live

The panel checks them and marks the line as incomplete while either of them is missing.

Data processing agreement (Article 28 of the GDPR)

You are the controller of your customers’ data and we act as the processor. The agreement sets out which processing we carry out, which we do not, and what happens to the data if you decide to cancel. It is signed before the first real call.

Ownership of the phone line

We need to know who holds the number we are going to answer. This way we avoid activating a number that does not belong to you, and responsibility for that line is clear from day one.

Privacy, GDPR and the AI Act: clear answers

Do callers have to be told that the phone is being answered by an artificial intelligence?

Yes. The EU Artificial Intelligence Act (Regulation (EU) 2024/1689, Article 50) requires callers to be informed that they are talking to an artificial intelligence. In Gestión Smart, that announcement is played by the switchboard at the start of the call, before the agent speaks.

Can the AI notice be switched off?

No. The panel does not allow it to be switched off, and it cannot be excluded by contract either. Without that announcement, the switchboard does not answer the call.

Does Gestión Smart record calls?

No, unless the business switches recording on. It is off by default: a newly registered business has the transcript of every call, but not the audio. In addition, the system checks that the recording announcement has been played before saving a single second.

How long are transcripts and recordings kept?

The business decides, between 7 days and 3 years, by entering the period in days on the Compliance screen. Recordings without a defined period are deleted after 30 days. When the period expires, the audio and the text are deleted automatically and cannot be recovered from any screen.

Does health data reach the voice agent or an artificial intelligence model?

No. Diagnoses, symptoms and treatments are not provided to the phone agent or to any language model. If your practice uses the clinical record in the panel, it is stored encrypted, with the patient’s recorded consent; only authorised staff can see it, and it is kept for the period required by law. The agent only handles the available time, the professional, the name of the service and the appointment number.

Who can listen to a recording?

Only the roles with that permission, out of the five included in the system. Every playback of a recording and every view of a clinical record is logged with the person’s name and the time.

Does Gestión Smart have ISO 27001 or SOC 2 certification?

Not yet. We are in the process of ISO/IEC 27001 certification and will not display any seal until we have obtained it. We do not have SOC 2. What we offer you today are the measures the system applies and their record: mandatory AI notice, recording off by default, retention periods set by the business, encryption of sensitive data, five access roles and an activity log.

Does Gestión Smart sign a data processing agreement?

Yes. The data processing agreement provided for in Article 28 of the GDPR is signed before the first real call: you are the controller of your customers’ data and Gestión Smart acts as the processor.

For your advisers or your data protection officer

Request the template data processing agreement

We will email you the template data processing agreement and the list of technical and organisational measures. Request them through the contact form, stating this in your message.

Request the template agreement

hola@gestionsmart.es