The legality of buying phone number lists in El Salvador, particularly for telemarketing or mass communication purposes, is highly questionable and likely falls afoul of new data protection laws that recently came into effect. El Salvador has significantly strengthened its personal data protection framework, aligning it more closely with international standards like GDPR.
El Salvador's New Personal Data Protection Law
El Salvador's Legislative Decree No. 144, known as the "Personal Data Protection Law" (the "Law"), came into effect on November 23, 2024. This law marks a el-salvador phone number list crucial step in the country's legal and digital landscape, establishing a framework for the effective protection of personal information. It applies to both the public and private sectors, covering individuals and companies that collect, store, or process personal data for commercial or professional purposes.
A cornerstone of this new law is the requirement for explicit consent before collecting or processing personal data. This means that for a phone number to be legally used for marketing or communication, the individual associated with that number must have freely given, informed, and specific consent.
Implications for Buying Phone Number Lists
Given the strict consent requirements, the practice of buying pre-compiled phone number lists from third-party vendors becomes highly problematic. Unless the seller can definitively prove that each individual on the list provided explicit consent for their number to be collected and shared for the specific purpose you intend to use it for, then using such a list would likely be a violation of El Salvador's data protection law. It is extremely rare for commercially available lists to meet such stringent consent standards, as they are often compiled through various means like data scraping, public directories, or other sources where explicit, informed consent for third-party marketing is absent.
Telemarketing and Consumer Protection
Beyond general data protection, El Salvador also has regulations governing telemarketing practices. While a specific "Do Not Call" registry may not be as prominent as in some other countries, the Consumer Protection Law and the Salvadoran Code of Advertising Self-Regulation emphasize ethical practices and consumer rights. This includes the general principle that telemarketers should obtain consent before initiating calls and respect requests from consumers to not be contacted. The Superintendence of Electricity and Telecommunications (SIGET) also plays a role in regulating telecommunications and ensuring compliance. Using a purchased list without proper consent would likely lead to consumer complaints and could result in penalties, including fines and potential revocation of licenses for businesses.
Risks and Best Practices
Attempting to purchase and utilize phone number lists for El Salvador without verifiable, explicit consent carries significant legal and reputational risks. Penalties for non-compliance with the new Personal Data Protection Law can include substantial fines. Furthermore, engaging in unsolicited communications can damage your brand's reputation and lead to a lack of trust among potential customers.