Fax Lists: Are They GDPR and TCPA Compliant?

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When using fax lists for marketing, compliance with major privacy laws like GDPR (General Data Protection Regulation) in Europe and TCPA (Telephone Consumer Protection Act) in fax lists the U.S. is crucial. Here’s what you need to know about fax lists and their compliance under these regulations.

GDPR and Fax Lists
What is GDPR?
A comprehensive data protection law regulating how businesses collect, store, and use personal data of EU residents.

Applies if you target or process data of people or businesses in the European Economic Area (EEA).

Fax Lists and GDPR Compliance
Fax numbers can be considered personal data if linked to an identifiable individual.

You must have a legal basis for processing:

Consent: Explicit opt-in from the fax recipient.

Legitimate Interest: Business-to-business communication may qualify, but must be balanced against privacy rights.

You must:

Inform recipients about how you use their data.

Provide options to opt out or withdraw consent easily.

Keep data accurate and secure.

Only keep data as long as necessary.

Risks with Non-Compliant Fax Lists
Using purchased or scraped fax lists without consent risks heavy fines (up to €20 million or 4% of global turnover).

Potential complaints from recipients for unsolicited faxes.

TCPA and Fax Lists
What is TCPA?
A U.S. federal law regulating telemarketing, including unsolicited faxes.

Requires prior express consent or an Established Business Relationship (EBR) for sending unsolicited fax advertisements.

Fax List Compliance under TCPA
Fax marketing must be targeted only to numbers where:

You have prior express permission or

An EBR exists (e.g., previous purchases or inquiries).

Every fax must include:

Clear opt-out instructions on the first page.

Valid sender contact information.

Sending unsolicited faxes without consent can lead to fines of $500-$1,500 per fax.

How to Ensure Your Fax Lists Are Compliant
Step GDPR Considerations TCPA Considerations
Source Lists Carefully Use opt-in lists or legally justified contacts Use opt-in or EBR-verified fax numbers
Get Consent or Verify EBR Document explicit consent or legitimate interest Keep records of consent or business relationships
Include Opt-Out Mechanisms Provide clear, easy ways to withdraw consent Include clear opt-out info on every fax
Maintain and Secure Data Protect data, keep accurate and up-to-date Keep logs of opt-outs and comply promptly
Use Reputable Vendors Verify vendor compliance with GDPR and TCPA Ensure vendors provide compliant lists

Bottom Line
Not all fax lists are GDPR or TCPA compliant by default.

Using non-compliant lists puts you at legal and financial risk.

Always vet your list providers carefully and ensure you have a lawful basis to send marketing faxes.

When in doubt, consult legal counsel experienced in data privacy and telemarketing laws.