Sharing fax lists—whether with partners, affiliates, or third-party marketers—is common in marketing but comes with important legal and ethical considerations. Here’s a clear guide to when sharing fax lists is safe, and when it crosses into illegal territory.
When Sharing Fax Lists Is Safe
Explicit Consent from Contacts
The people on your fax list have agreed to fax lists have their contact info shared or sold to third parties. This consent should be clear, documented, and specific.
Written Agreements with Recipients
You have contracts with recipients of your fax list that specify:
How data can be used.
Compliance with laws like TCPA, GDPR, and CAN-SPAM.
Security measures to protect data.
Limited Purpose Sharing
Sharing the list only for a specific, agreed-upon campaign or business purpose.
Data Protection and Security
The recipient agrees to handle data responsibly, safeguarding it from breaches or misuse.
When Sharing Fax Lists Is Risky or Illegal
No Consent from Contacts
Sharing lists without the contacts’ permission violates privacy laws, especially under GDPR and can violate TCPA in the U.S.
Selling Lists to Unknown Parties
Giving or selling your fax list to unknown third parties or marketers without control or oversight.
No Compliance Controls
Sharing without ensuring recipients will follow legal fax marketing rules, such as including opt-outs or honoring do-not-fax requests.
Cross-Border Data Transfers Without Compliance
Transferring fax lists internationally without meeting GDPR or other jurisdictional data transfer rules.
Legal and Ethical Best Practices for Sharing Fax Lists
Best Practice Why It Matters
Obtain explicit, documented consent from your contacts Protects privacy and ensures compliance
Use Data Sharing Agreements with recipients Clarifies responsibilities and legal obligations
Vet recipients for compliance and security standards Prevents misuse or breaches
Limit sharing to specific campaigns or uses Controls data exposure
Maintain audit trails and logs of sharing activities Supports accountability and defense if challenged
Potential Consequences of Illegal Sharing
Fines and penalties under TCPA (up to $1,500 per unsolicited fax).
GDPR fines of up to 20 million euros or 4% of global turnover.
Damage to your company’s reputation and trust.
Legal actions from recipients or regulators.
Bottom Line
Sharing fax lists can be safe only if done with clear consent, legal safeguards, and responsible partners. Otherwise, it’s a high-risk move that can lead to costly legal trouble.
If you want, I can help you draft data sharing agreements, or set up a compliance checklist before sharing your fax lists. Would that help?