Friday, January 6, 2023
New legislation that requires the collection of extensive traveller data was introduced in Spain on 2 January amid opposition from various organisations who believe it is disproportionate, unnecessary and contrary to EU law.
Newly introduced Real Decreto 933/2021 requires accommodation and car rental providers in Spain to collect and submit to authorities a comprehensive set of customers’ personal details and sensitive payment information which can be stored indefinitely.
Spanish law firm Monlex, which specialises in travel and tourism among other sectors, said the country’s authorities launched the reporting platform as planned on 2 January, enabling accommodation and car rental providers to begin logging the information required of their customers.
The company says a five-month ‘adaptation’ period will last until 2 June, allowing users to familiarise themselves with the system and identify any issues with it.
Marcel Forns, Director General of GEBTA, which represents travel management companies operating in Spain, told a European news agency that the Real Decreto is now fully enforceable but there will be flexibility with regard to sanctions for non-compliance until June.
What remains unclear is the breadth of the Decreto’s application. UK-based Travlaw, which contributed to an earlier BTN Europe article on the subject, said its law partners in Spain interpret the Real Decreto as domestic legislation that will only apply to Spanish companies who provide their services to Spaniards in Spain.
However, the company also believes that the wording of the Decreto is poorly drafted and is already causing confusion as a result and notes it will be the interpretation adopted by the Spanish administration that will be key.
It adds that the Spanish tourism sector has been seeking clarification on how and where the new reporting requirements apply.
Regardless of its reach, Spanish travel organisations continue to oppose the Decreto, with GEBTA’s Forns saying it is disproportionate, unnecessary and contrary to EU law.
In general, the data collected by hotel or accommodation suppliers includes no more than eight person-related items, and those are normally included in the passport or ID card, Forns told a news agency in December.
But the [new] Spanish regulation includes in the list of data to be collected more than 30 additional items.
The additional personal data not only provides extensive and intrusive information about the means of payment and transactions of corporate travellers, but moreover it implies the tracking of itineraries, he added.
GEBTA and other travel agency associations continue to lobby for intermediaries to be excluded from the legislation and for a definitive repeal of the Real Decreto.
CWT’s global market manager for Spain, Italy and Greece, Antonio Roig, said that, like GEBTA, the TMC believes the legislation to be both prohibitive, disproportionate and most concerningly, a data protection and privacy minefield.
Friday, April 26, 2024
Friday, April 26, 2024
