Legal

Data Retention Policy

This agreement is between eConsent LLC and the client with regard to access and use of econsent.org and related services. Contact us with questions.

Effective as of April 6, 2026 | Last Updated: April 6, 2026

Overview

This Data Retention Policy describes how eConsent LLC (“eConsent”, “we”, “us”, or “our”) retains, archives, and deletes consent data processed through our platform. This policy applies to all consent certificates, session recordings, MP4 video conversions, and associated metadata stored on behalf of our customers (“Customers”).

eConsent is a TCPA compliance platform. Our retention practices are designed to support the regulatory and litigation needs of our Customers while minimizing data retention beyond what is necessary for compliance purposes.

Retention Tiers

eConsent uses a three-tier storage architecture to balance accessibility, integrity, and cost efficiency.

Tier 1: Active Storage

  • What is stored: Session recordings, MP4 video conversions, certificate data, session metadata, and form data that are actively accessed or recently created.
  • Where: Amazon EFS (encrypted file storage) and Amazon RDS (managed PostgreSQL database) with encryption at rest.
  • Retention: Governed by the Customer’s configured retention period and subscription plan.
  • Access: Low-latency retrieval through the eConsent dashboard and APIs.

Tier 2: Immutable Backup (S3 Object Lock)

  • What is stored: Consent certificates, session recordings, and MP4 video files archived for long-term compliance retention.
  • Where: Amazon S3 with Object Lock enabled in COMPLIANCE mode.
  • Retention: Up to seven (7) years. Once a record is archived with Object Lock, it cannot be modified or deleted by anyone — including eConsent — for the duration of the retention period.
  • Access: Available through the eConsent dashboard and APIs. Retrieval times are consistent with standard S3 access.

Tier 3: Long-Term Archive (Glacier)

  • What is stored: Consent certificates and recordings that have passed their active access window but remain within the configured retention period.
  • Where: Amazon S3 Glacier, with Object Lock protections preserved.
  • Retention: Governed by the Customer’s retention settings, up to seven (7) years.
  • Access: Retrieval requires a restore request and may take several hours depending on the Glacier retrieval tier. Object Lock protections continue to prevent modification or deletion.

Customers may place a legal hold on specific consent records to prevent their deletion regardless of the standard retention schedule.

  • Legal holds can be applied to individual certificates, groups of certificates, or all records for a specific property or time period.
  • When a legal hold is active, the affected records are exempt from automated expiry and deletion across all storage tiers.
  • Legal holds remain in effect until explicitly released by the Customer.
  • eConsent will not delete records subject to a legal hold, even if the retention period has expired or the Customer’s account is terminated.
  • Customers are responsible for managing their legal holds and for releasing holds when they are no longer required.

MP4 Video Retention

Session recordings may be converted to MP4 video format for long-term archival and portability. MP4 video files are subject to the same retention policies, storage tiers, and legal hold protections as the underlying session recordings from which they were generated.

  • MP4 files are stored alongside the source certificate and recording in the same storage tier.
  • A SHA-256 hash of each MP4 file is computed and stored for integrity verification.
  • When the source recording is deleted at the end of its retention period, the corresponding MP4 file is also deleted, unless a legal hold is in effect.

Automated Expiry and Deletion

eConsent automatically manages the lifecycle of consent data based on the Customer’s configured retention settings.

  • Expiry: When a consent record reaches the end of its configured retention period and no legal hold is in effect, it is marked for deletion.
  • Deletion: Expired records are permanently and irreversibly deleted from all storage tiers (active, immutable backup, and Glacier archive). Deletion is performed within 30 days of expiry.
  • Irreversibility: Once deleted, consent data cannot be recovered. eConsent does not maintain shadow copies or soft-delete mechanisms for expired consent data.
  • Notification: Customers may configure alerts to be notified before records reach their expiry date.

Account Termination

Upon termination of a Customer’s account:

  • Certificates and recordings stored in immutable backup (S3 Object Lock) or Glacier remain accessible for the duration of their retention period. These records cannot be deleted early, even at the Customer’s request, due to Object Lock COMPLIANCE mode protections.
  • Active storage data (EFS, RDS) that is not protected by Object Lock will be securely deleted within 30 days of account termination, unless a legal hold or regulatory requirement applies.
  • Customers may request an export of their data prior to account termination.
  • After all retention periods have expired and all legal holds have been released, all remaining data is permanently deleted.

Compliance References

eConsent’s retention capabilities are designed to support the following regulatory timeframes. Customers are responsible for configuring retention periods appropriate to their specific compliance obligations.

Regulation / StandardRecommended Minimum RetentionNotes
TCPA (Telephone Consumer Protection Act)5 yearsBased on the 4-year federal statute of limitations plus a 1-year safety margin. Some states may have longer statutes.
HIPAA (Health Insurance Portability and Accountability Act)6 yearsApplies to Customers in the healthcare industry who process consent related to protected health information (PHI).
CCPA / CPRAPer customer policyCalifornia law does not prescribe a specific retention period but requires retention only as long as necessary for the disclosed purpose.
FCC RegulationsPer applicable ruleCustomers subject to FCC telemarketing rules should consult counsel regarding applicable retention requirements.
State Consumer Protection LawsVaries by stateSome states have longer statutes of limitations for consumer protection claims. Customers should consult counsel.

eConsent’s maximum retention period of seven (7) years is designed to accommodate the longest commonly applicable regulatory timeframe. Customers requiring retention beyond seven years should contact support@econsent.org.

Changes to This Policy

We may update this Data Retention Policy at any time. We will notify Customers of material changes by posting the updated policy on our website or by email. Continued use of the Services after notification constitutes acceptance.

Contact

For questions about data retention, legal holds, or data deletion, contact:

eConsent LLC 1637 East Valley Parkway #237 Escondido, California 92027

Email: support@econsent.org Privacy inquiries: privacy@econsent.org

See eConsent in action. Schedule a live demo
Schedule a demo