Travel associations have welcomed the European Commission’s decision to start an “infringement procedure” into a Spanish government law requiring travel companies to collect extensive traveller data.
The regulation, which was introduced in 2023 and is known as Royal Decree 933/2021, forces travel agencies, hotels and car rental firms to report data on travellers visiting Spain. This includes phone numbers, contact emails, family relationship details and payment methods.
The commission last week sent a “letter of formal notice” to Spain’s government expressing concern that this extensive collection of traveller data may breach EU data protection rules.
It is also worried about the amount of personal data being collected, including payment and location-related information, as well as the level of access granted to law enforcement authorities and the three-year retention period of the data.
A coalition of travel associations, including European Travel Agents' and Tour Operators' Associations (ECTAA), hospitality group HOTREC and the European Travel Association (ETOA), have been warning about the “proportionality, legality and practical implementation” of Spain’s data rule during their lobbying efforts.
“The coalition welcomes the commission's decision to examine the compatibility of the Spanish requirements with EU law,” said the coalition in a joint statement. “The opening of the infringement procedure reflects concerns that have been consistently raised by stakeholders across the tourism ecosystem.
“Throughout its exchanges with authorities, the tourism sector repeatedly warned that the decree required the collection of excessive amounts of personal and transaction data, created legal uncertainty regarding compliance with EU data protection rules, and imposed disproportionate administrative burdens on travel businesses, accommodation providers and other tourism operators across Europe.”
The coalition added that it remained “committed to engaging constructively” with the commission, Spanish authorities and other stakeholders to achieve a “practical, proportionate and legally sound solution”.