What regulations govern phone number marketing in El Salvador?

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Phone number marketing in El Salvador is governed by a combination of general consumer protection laws, telecommunications regulations, and, significantly, a newly enacted data protection law. While there might not be a single, standalone "telemarketing act" as comprehensive as in some other countries, the existing legal framework aims to protect consumers from unsolicited and abusive marketing practices.

Key Regulatory Bodies and Laws
Consumer Protection Law (Ley de Protección al Consumidor): This is a primary piece of legislation that impacts all forms of marketing, including phone-based marketing. It aims to safeguard consumer rights, ensure fair commercial practices, and prevent deceptive or abusive tactics. Key provisions relevant to phone marketing typically include:

Prohibition of Abusive Practices: The law generally prohibits practices that are coercive, deceptive, or exploit consumers' vulnerability. Unsolicited calls that cause el-salvador phone number list harassment or annoyance could fall under this.
Information Disclosure: Marketers are usually required to provide clear and accurate information about the products or services being offered, including prices, conditions, and any limitations.
Right to Refuse: Consumers generally have the right to refuse commercial offers, and businesses should respect these requests.
Penalties: Violations of the Consumer Protection Law can result in fines and other sanctions imposed by the Defensoría del Consumidor (Consumer Advocacy Agency).
Superintendence of Electricity and Telecommunications (SIGET): SIGET is the primary regulatory body for the telecommunications sector in El Salvador. While its focus is on spectrum management, licensing, and service quality, its regulations can indirectly affect marketing practices, particularly regarding the use of telecommunications networks. SIGET ensures that telecommunications operators comply with laws and technical frameworks, which may include aspects related to the proper use of phone lines for commercial purposes.


Personal Data Protection Law (Ley de Protección de Datos Personales): This is a critical development in El Salvador's regulatory landscape for phone marketing, with its effective date being November 23, 2024. This law introduces comprehensive rules for the collection, processing, storage, and transfer of personal data, which directly impacts how phone numbers can be used for marketing. Key implications include:

Consent: Marketers are generally required to obtain explicit consent from individuals before collecting and processing their personal data for marketing purposes. This means simply having a phone number is not enough; there must be a clear and informed agreement from the data subject to receive marketing communications.
Purpose Limitation: Data collected for one purpose (e.g., providing a service) cannot be used for another (e.g., marketing) without additional consent.
Data Subject Rights: Individuals have rights, including the right to access, rectify, cancel (delete), and oppose the processing of their personal data (ARCO rights). This means consumers can request to be removed from marketing lists.
Security Measures: Businesses handling personal data must implement appropriate security measures to protect it from unauthorized access or breaches.
Supervisory Authority: The new State Cybersecurity Agency (ACE) is established as the supervisory authority responsible for enforcing this law and can impose fines for non-compliance.