Changes in the lodging law

Accommodation documentary registration obligations

CHAPTER I: General provisions

Article 1. Object

The regulation of the documentary registration and information obligations provided for in the regulations for the protection of citizen security for natural or legal persons who carry out, professionally or not, lodging activities or rental of driverless motor vehicles is the main objective.

Article 2. Definitions.

1. Accommodation activities: those carried out, professionally or not, with the purpose of providing, in exchange for a price, consideration or compensation, a room or space for overnight stays to people

The following activities are included:

1. a) Those carried out by commercial establishments open to the public: hotels, hostels, pensions, guest houses, rural tourism establishments or similar.
2. b) Those carried out by campsites and parking areas for motorhomes, apartments, bungalows and other similar tourist accommodation.
3. c) Those of tour operators that provide intermediation services between companies dedicated to hospitality and consumers.
4. d) The activity of digital platforms dedicated to intermediation in these activities through the internet as long as they offer services in Spain

Article 3. Scope of application.

The royal decree is applicable throughout the national territory.

CHAPTER II: Documentary registration and communication obligations

Article 4. Entry parts in lodging establishments and service sheets in vehicle rental activities.

1. The owners of the lodging and vehicle rental activities will collect the data of their users in order to proceed with their registration and the communication necessary to comply with the legal obligations of the royal decree.
2. The entry forms for the use of the lodging services must be signed by any person over fourteen years of age who uses them and in the case of minors under fourteen years of age, their data will be provided by the person of legal age of those who are accompanied.
3. The parts and sheets will be provided by the lodging establishment, who will be responsible for the accuracy of the data

Article 5. Documentary registration obligations.

1. The computer record must contain the data in Annex I
2. User data must be recorded and preserved.
3. They must be kept for a period of three years from the end of the contracted service or provision.
4. Subjects who carry out hosting activities in a non-professional are exempt from the obligations of documentary registration and data conservation provided for in this article, and will only be subject to the communication obligations provided for in the following article.

Article 6. Communication obligations.

1. Prior to the start of the activity, the subjects must communicate to the competent authorities the data contemplated in sections 1 and 2 of section A) or B) of Annex I.
2. Compliance with the obligation of the previous section must be carried out within ten days.
3. Additionally, the obligated subjects must transmit to the competent authorities the data related to the exercise of their activity included in sections 3 and 4 of section A) or B) of Annex I.

This communication will be made immediately, and in any case within a period of no more than 24 hours, respectively, from the following moments:

1. a) When making the reservation or formalizing the contract or, where applicable, its cancellation.
2. b) At the beginning of the contracted services.
3. Communications will be carried out electronically. Exceptions are those obligated entities that carry out hosting activities in a non-professional manner, who may carry them out by non-telematic means.

Article 7. Processing of personal data.

1. The personal data generated in this royal decree will be kept in the Secretary of State for Security. Its processing may be carried out only by the Security Forces and Bodies in the performance of their respective powers in the field of prevention, detection and investigation of crime assigned to them.
2. The conservation of these documents may be connected with other police databases to improve effectiveness in the prevention and investigation of terrorism or delinquency crimes.
3. The processing of data will be carried out in accordance with Organic Law 7/2021, of May 26, on the protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offenses and execution of criminal sanctions.

Article 8. Infractions and sanctions.

1. The sanctioning regime for violations of the provisions of this royal decree by obligated subjects will be governed by the provisions of Chapter V of Organic Law 4/2015, of March 30, on the protection of citizen security.
2. will be considered serious infractions , in relation to article 36.20 of Organic Law 4/2015, of March 30:
3. a) The lack of the documentary records provided for in this royal decree.
4. b) The omission of mandatory communications.
5. will be considered minor infractions , in relation to article 37.9 of Organic Law 4/2015, of March 30:
6. a) Irregularities or deficiencies in the completion of the records provided for in this royal decree.
7. b) The completion of mandatory communications outside the established deadline.
8. Responsibility for infractions committed will fall directly on the obligated subjects.

Single transitional provision. Regulations in force.

The provisions contained therein will continue to apply until the rules for the development of this royal decree are issued, as long as they do not oppose what is established therein.

Third final provision. Entry into force.

This royal decree will come into force six months after its publication in the "Official State Gazette." However, the provisions relating to communication obligations will take effect from January 2, 2023.

ANNEX I