Lack of information on the processing of personal data

The AEPD imposes penalties to real estate companies of up to 5,000 € for not informing the interested party of the processing of their personal data.

Several affected parties have filed complaints to the AEPD, in relation to the use of their personal data by real estate companies. They stated that neither in the leasing contract nor other documents that they had to sign, appropriate information on Data Protection was included.

In addition, some of the affected parties point out that the Data Protection Officer of the real estate agency was not sufficiently identified.

Furthermore, the purpose of the data processing was not correctly identified. More information was not included about how to adequately exercise the data protection rights provided for by data protection regulations.

As a result, the AEPD has imposed sanctions on these real estate agencies for not informing about the processing of their clients’ personal data.

Failure to comply with the Data Protection regulations

In view of this situation, the AEPD has initiated a sanctioning procedure against these real estate agencies. It points out the breach of article 13 RGPD, which indicates how to act when obtaining personal data of the data subject.

Another article that has been breached is article 58 RGPD, which refers to the obligation of the data controller to inform the data subject about the processing of data.

It has also pointed out the importance of providing the necessary information to customers about the processing of their personal data.

It has also pronounced on the collection of personal data through questionnaires, which implies a data processing, with respect to the Responsible for must comply with the provisions of art. 13 GDPR and art. 5 LOPD.

Sanctions for non-compliance with the Data Protection regulations.

Non-compliance with Data Protection regulations by real estate companies in breach of the law has led to the AEPD imposing penalties of up to €5,000.

This sanction is established in article 83 of the RGPD and in article 76 LOPDGDD.

All in all, real estate companies must comply with the provisions of the law on the processing of their clients’ personal data, in order to avoid possible sanctions in the future.

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