Documenting Tourists Arriving in Spain

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The Royal Decree of October 2021 comes into force.

CHAPTER I

General provisions

Article 1. Purpose.

The purpose of this Royal Decree is to regulate the obligations regarding documentary and information registration provided for in the regulations for the protection of public safety for natural or legal persons who carry out, professionally or not, activities of accommodation or rental of motor vehicles without a driver.

Article 2. Definitions.

For the purposes of this Royal Decree, the following are considered:

1. Accommodation activities: those carried out, whether professionally or not, with the aim of providing, in exchange for a price, consideration or compensation, accommodation or space for overnight stays to people, with or without other complementary services. In any case, the following activities are included in this definition:

a) Those carried out by commercial establishments open to the public integrated in this sector in accordance with the regulations issued by the competent administration. Included within this concept are hotels, hostels, guest houses, rural tourism establishments or similar.

b) Those carried out by campsites and motorhome parking areas, regardless of their ownership or usage regime, apartments, bungalows and other similar tourist accommodations.

c) Those of tour operators that provide intermediation services between companies dedicated to hospitality and consumers.

d) The activity of digital platforms dedicated, for a fee or free of charge, to intermediation in these activities via the Internet, whether or not they provide the underlying service subject to mediation, provided that they offer services in Spain.

2. Activities of renting motor vehicles without a driver: those carried out for the purpose of facilitating their use by a third party, for a specified period of time, and in exchange for compensation, consideration or a certain price. In any case, the following activities are included in this definition:

a) Those carried out by companies specifically dedicated to vehicle rental.

b) Those of tour operators that provide intermediation services between companies dedicated to vehicle rental and consumers.

c) The activity of digital platforms dedicated, for a fee or free of charge, to intermediation in these activities via the Internet, whether or not they provide the underlying service subject to mediation, provided that they offer services in Spain.

The provisions of this section do not include the rental of self-driving taxis and, in general, the rental of vehicles with drivers.

3. Obligated subjects: natural or legal persons who carry out or act as intermediaries in the carrying out of the activities described.

Article 3. Scope of application.

The provisions of this Royal Decree shall apply throughout the national territory to accommodation activities and rental of motor vehicles without a driver, regardless of the type, personality of the owner or the organisation model.

CHAPTER II

Documentary registration and communication obligations

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

1. The owners of accommodation and vehicle rental activities included in the scope of this regulation will collect the data of the users of the same in order to proceed with their registration and the communication necessary for compliance with the legal obligations developed by this royal decree.

2. The entry forms for the use of the accommodation services must be signed by all persons over the age of fourteen who make use of them, in accordance with the system and model established. In the case of persons under the age of fourteen, their data will be provided by the adult they are accompanied by.

Likewise, lessors must sign the service sheets for vehicle rental activities in accordance with the system and model established.

3. The reports and sheets will be provided by the lodging or vehicle rental establishment, which will be responsible for the accuracy of the data entered therein, so that they coincide with the documents or systems that prove the identity of the persons, which must be shown or provided by the users of these services.

Article 5. Documentary registration obligations.

1. Obligated subjects must keep a computerized record containing the data listed in Annexes I and II, depending on the activity they carry out, including, where applicable, the data of persons under fourteen years of age.

2. Obligated subjects must record and retain the data of their users, included in Annexes I and II, which they collect in the exercise of their activity, in the terms to be determined.

3. The data in the computer registry must be kept for a period of three years from the end of the contracted service or provision.

4. Obligated subjects who carry out non-professional hosting activities are exempt from the documentary registration and data retention obligations 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 and in accordance with the procedure established, the obliged subjects must communicate to the competent authorities the data referred to in paragraphs 1 and 2 of section A) or B) of Annex I, or in paragraph 1 of Annex II, depending on the activity in question. The modification of any of the indicated data will give rise to the obligation of a new communication.

2. Compliance with the obligation provided for in the previous section must be carried out within ten days from the completion of the administrative procedures required in each case for the development of the activity and, in any case, prior to the actual exercise of this activity.

3. In addition, the obliged subjects must transmit to the competent authorities the data relating to the exercise of their activity included in sections 3 and 4 of section A) or B) of Annex I, or in sections 2, 3, 4 and 5 of Annex II, depending on the activity in question.

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

a) When making the reservation or formalizing the contract or, where applicable, its cancellation.

b) At the beginning of the contracted services.

4. The communications provided for in this article shall be made by telematic means. Obligated subjects who carry out non-professional hosting activities are exempt, and may do so by non-telematic means, using the procedure to be determined.

Article 7. Processing of personal data.

1. The personal data generated in the execution of the provisions of this Royal Decree will be kept, depending on the activity, in two files located at the State Secretariat for Security. They may only be processed by the Security Forces and Corps in the performance of their respective powers in the area of ​​prevention, detection and investigation of crime assigned to them. Likewise, in the exercise of their respective powers, the judicial authority and the Public Prosecutor’s Office will have access to them.

2. In the configuration of these files, special importance will be given to the possibility of interconnection with other police databases in order to improve the effectiveness of the prevention and investigation of terrorist crimes or those related to serious organized crime.

3. The processing of personal data arising from the execution of this Royal Decree 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 the execution of criminal penalties.

Article 8. Violations and sanctions.

1. The sanctioning regime for violations of the provisions of this Royal Decree by the obligated subjects shall be governed by the provisions of Chapter V of Organic Law 4/2015, of March 30, on the protection of citizen security.

2. The following shall be considered serious infringements, in relation to article 36.20 of Organic Law 4/2015, of March 30:

a) The lack of documentary records provided for in this royal decree.

b) The omission of mandatory communications.

3. The following shall be considered minor infractions, in relation to article 37.9 of Organic Law 4/2015, of March 30:

a) Irregularities or deficiencies in the completion of the records provided for in this Royal Decree.

b) The completion of mandatory communications outside the established deadline.

4. Responsibility for any infringements committed shall fall directly on the obligated parties who are the authors of the act that constitutes the infringement.

First additional provision. No increase in public spending.

The measures contemplated in this royal decree will not generate an increase in staff, remuneration or other expenses of personnel serving in the public sector.

Second additional provision. Procedures for the transmission and storage of personal data.

The transmission and conservation of data required by this Royal Decree from the obliged subjects will be carried out in accordance with the systems and procedures established by the Ministry of the Interior.

Sole transitional provision. Current regulations.

Without prejudice to the provisions of the repealing provision, the provisions contained therein shall continue to apply until the implementing regulations of this Royal Decree are issued, provided that they do not conflict with the provisions set forth therein.

Sole repealing provision. Regulatory repeal.

1. Any provisions of equal or lower rank that oppose the provisions of this Royal Decree are hereby repealed.

2. Until this Royal Decree is implemented, the Order of the Ministry of the Interior of 16 September 1974 on government control of rental cars, with or without drivers, and Order INT/1922/2003 of 3 July on registration books and passenger entry reports in hospitality establishments and other similar establishments, shall remain in force insofar as they do not contravene their content.

First final provision. Competence title.

This Royal Decree is issued pursuant to the provisions of Article 149.1.29 of the Spanish Constitution, which grants the State exclusive jurisdiction over matters of public security.

Second final provision. Regulatory authorisation and modification of the annexes.

1. The Minister of the Interior is empowered to adopt the necessary provisions for the development and execution of this Royal Decree.

2. Likewise, the Minister of the Interior is empowered to modify the annexes of this royal decree by ministerial order.

Third final provision. Entry into force.

The entry into force was posponed in January 2023.

This Royal Decree shall enter into force six months after its publication in the “Official State Gazette”.

However, the provisions relating to reporting obligations will take effect from 2 January 2023.

Given in Madrid, on October 26, 2021.

FELIPE R.

The Minister of the Interior,

Fernando Grande-Marlaska Gomez

ANNEX I

Data to be provided in the exercise of the hosting activity

A) Data to be provided in the event of professional exercise of the activity

1. Data of the leasing company

a) Name or business name of the owner.

b) CIF or NIF.

c) Municipality.

d) Province.

e) Landline and/or mobile phone.

f) Email address.

g) Company website.

h) URL to identify the advertisement.

2. Establishment data

a) Type of establishment.

b) Name.

c) Full address.

d) Postal code.

e) Locality and province.

3. Traveler data

a) Name.

b) First surname.

c) Second surname.

d) Sex.

e) Identity document number.

f) Document support number.

g) Type of document (DNI, passport, TIE).

h) Nationality.

i) Date of birth.

j) Place of habitual residence.

– Full address.

– Location.

– Country.

k) Landline telephone.

l) Mobile phone.

m) Email.

n) Number of passengers.

o) Relationship between the travelers (in the event that any of them are minors).

4. Transaction data

a) Contract details.

– Reference number.

– Date.

– Signatures.

b) Data on the execution of the contract.

– Date and time of entry.

– Date and time of departure.

c) Property details.

– Full address.

– Number of rooms.

– Internet connection (yes/no).

d) Payment details.

– Type (cash, credit card, payment platform, transfer…).

– Payment method identification: card type and number, bank account IBAN, mobile payment solution, others.

– Holder of the payment method

– Card expiration date.

– Payment date.

B) Data to be provided in the case of non-professional practice

1. Data of the property owner

a) Name.

b) First surname.

c) Second surname.

d) Sex.

e) Identity document number.

f) Type of document (DNI, passport, TIE).

g) Nationality.

h) Date of birth.

i) Landline and/or mobile phone.

j) Email.

2. Property information

a) Full address and postal code.

b) Location.

c) Country.

d) Number of rooms.

e) Internet connection (yes/no).

3. Traveler data

a) Name.

b) First surname.

c) Second surname.

d) Sex.

e) Identity document number.

f) Type of document (DNI, passport, TIE).

g) Nationality.

h) Date of birth.

i) Place of habitual residence.

– Full address.

– Location.

– Country.

j) Landline telephone.

k) Mobile phone.

l) Email.

m) Number of passengers.

n) Relationship between the travelers (in the event that any of them are minors).

4. Transaction data

a) Contract details.

– Reference number.

– Date.

– Signatures.

b) Data on the execution of the contract.

– Date and time of entry.

– Date and time of departure.

c) Payment details.

– Type (cash, credit card, payment platform, transfer…).

– Payment method identification: card type and number, bank account IBAN, mobile payment solution, others.

– Holder of the payment method.

– Card expiration date.

– Payment date.

ANNEX II

Data to be provided when carrying out vehicle rental activities

1. Landlord’s data

a) NIF/CIF.

b) Name of the company.

c) Municipality.

d) Province.

e) Country.

f) Full address of the landlord.

g) Landline and/or mobile phone.

h) Company website.

i) E-mail.

2. Tenant data

a) Name or company name.

b) First surname.

c) Second surname.

d) Sex.

e) Identity document number.

f) Type of document (DNI, passport, TIE, NIF).

g) Nationality.

h) Date of birth.

i) Place of habitual residence.

– Full address.

– Location.

– Country.

j) Landline telephone.

k) Mobile phone.

l) Email.

3. Main driver data

a) Name.

b) First surname.

c) Second surname.

d) Sex.

e) Identity document number.

f) Type of document (DNI, passport, TIE).

g) Nationality.

h) Date of birth.

i) Place of permanent residence.

– Full address.

– Location.

– Country.

j) Landline telephone.

k) Mobile phone.

l) Email.

m) Driving license.

– Guy.

– Validity.

– Number.

– Support number.

4. Second driver’s details (if applicable)

The same as the previous one.

5. Transaction data

a) Contract details.

– Reference number.

– Date.

– Place.

– Signatures.

b) Data on the execution of the contract.

– Pick-up location.

– Date and time of collection.

– Place of return.

– Country of return.

– Date and time of return.

c) Vehicle data.

– Brand.

– Model.

– Tuition.

– Chassis number.

– Color.

– Type (truck, van, car).

– Number of kilometers at pick-up.

– Number of kilometers upon return.

– GPS data (if available).

d) Payment details.

– Type (cash, credit card, payment platform, transfer…)

– Payment method identification: card type and number, bank account IBAN, mobile payment solution, others.

– Holder of the payment method

– Card expiration date.

– Payment date.