Data Protection and Holiday Rentals in Spain

August 2024

GDPR (General Data Protection Regulation) has been part of the landscape for holiday rentals across Spain since 2018. This regulation requires owners to adhere to its stipulations. Guest data is thereby protected, ensuring best practices in the tourism sector. All involved parties gain peace of mind and legal coverage under this system. However, it’s essential to remember that data protection in holiday rentals has specific characteristics, as we’ll discuss in this article.

The Organic Law on Personal Data Protection and Guarantee of Digital Rights is part of the European Union’s regulatory framework, ensuring that companies have physical and digital means to safeguard user privacy.

Moreover, compliance with this regulation must align with the laws of each autonomous community and meet citizens’ security protection requirements. Spain ranks second in the European Union in terms of holiday rentals, impacting a multitude of people. Let’s now review the key aspects.

How to collect and store guest data

Firstly, requesting data entails a pact of trust and establishes a collaborative framework that protects all involved. Doing this correctly is part of the strategic plan for holiday rentals, enhancing their reputation and instilling a sense of security in travellers.

Therefore, data collection must be strictly professional, with every aspect clearly outlined. Whether digital or on paper, the request should convey maximum reassurance and clarity in the corresponding terms. In the past, it was common to include a checkbox online or in forms stating: “I accept the terms and data processing.” Transparency ended there.

Now, under the new regulatory framework, companies must:

1. Specify who is responsible for using guests’ personal data.
2. Explain the purposes for which data will be used.
3. Obtain consent, i.e., legitimisation for data use.
4. Specify recipients with whom data may be shared.
5. Clearly outline the categories of data being requested.
6. Mention the rights of both parties regarding the use of personal data.

This enhanced transparency must be reflected on websites, in rental contracts, and in guest information sheets. Guests also have the right to request information about how their data is handled.

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Compliance with privacy laws

To comply with legal requirements regarding guests, data management and protection policies must ensure Access, Rectification, Cancellation, and Opposition (ARCO, as used in the sector). This means users can safeguard their privacy by accessing, modifying, cancelling data sharing, or objecting, in accordance with their obligations as stipulated by data protection laws. Hosts should foster a collaborative framework of trust.

Failure to comply with privacy laws by companies can result in three types of penalties: minor (from €900 to €40,000), serious (from €40,001 to €300,000), and very serious (from €300,001 to €600,000). Many owners seek assistance from digital professional tools or specialised external companies to ensure all operations comply with regulations.

Practical tips for effective privacy policies

To comply with legal frameworks, carefully consider data handling and user experience. Ensure operational efficiency to collect and use essential data within agreed frameworks.

• Online, work in secure environments. Use dedicated internet connections (no open Wi-Fi), provide secure websites and payment methods, clearly display and explain privacy policies online, and ensure user accessibility.
• Leverage technological innovation advantages. Employ antivirus software for online environments, use secure platforms and passwords, and avoid requesting unnecessary data that could burden you with additional future complications.
• Do not ask for more data than you need, so that you do not overload yourself with additional information that could be a problem in the future.
• Maintain open communication with guests, ensuring clarity and transparency throughout the entire booking cycle: before, during, and after.

Living alongside public safety laws

Owners also have a legal obligation to keep a record of travellers and inform State Security Forces and Agencies of their arrival and departure, in compliance with public safety regulations. The government has provided a platform to assist owners with these procedures.

Essential data collection includes: identity document number, document type and issuance date, full name, gender, date of birth, nationality, date of entry, and traveller’s signature.

All other data is considered non-essential and requires explicit consent from guests to collect. Additionally, specify the purposes for which such additional data will be used.

Host responsibility regarding data protection

The holiday rental host or their legal representative is ultimately responsible for guest data accumulation and processing. They are also responsible for the accuracy of the data. Therefore, it’s advisable not to retain or manage unnecessary data beyond the time required by current legal standards.

In conclusion, while effective data management may seem complex, having a unified European regulatory framework simplifies matters. It’s an effective way to engage with guests and build trust, security, and service quality.

Implementing an optimal data management policy adds value for customers and contributes to a holiday rental’s good reputation. Turning a legal requirement into a positive strategic decision benefits short, medium, and long-term operations.

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