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Spanish Data Decree Sparks Legal Battle
Spanish hotels and travel agencies face new stringent data collection rules, prompting legal challenges due to data protection and feasibility concerns.
Spanish
Spain
Labour MarketSpainTourismRegulationsLegal DisputeData Protection
Confederación Española De Hoteles Y Alojamientos Turísticos (Cehat)Ministerio De InteriorSecretaría De Estado De TurismoConfederación Española De Agencias De Viajes (Ceav)Tribunal Superior De Justicia De La Ue (Tjue)
Ramón EstalellaMercedes Tejero
- What is the role of Cehat in opposing this decree?
- The Spanish Confederation of Hotels and Tourist Accommodations (Cehat) represents 16,000 members and is leading the legal fight against the decree. They insist on providing only data already available, such as passport information, and are preparing for potential legal challenges.
- What are the main legal arguments against the new decree?
- The main legal argument against the decree is a June 2022 ruling from the EU's Court of Justice, which found similar mass data processing measures to violate data protection and privacy regulations. Hoteliers also contest the decree's passage as a decree-law, claiming it requires a higher-ranking statute.
- What is the deadline for the implementation of this new decree?
- The deadline for implementing the new data registration requirements is December 2nd, 2023. Both hoteliers and travel agencies are actively preparing legal challenges and alternative plans to mitigate the impact of the potentially unlawful decree.
- What are the concerns of travel agencies regarding this new regulation?
- Travel agencies, similarly affected, are pushing for exclusion from the decree. Their concerns include data protection violations, excessive burdens, and the decree's incompatibility with the existing Organic Law on Citizen Security. They also highlight the unproven effectiveness of data sharing technology.
- What are the new data requirements for hotels and travel agencies in Spain?
- The new decree requires hotels and travel agencies to provide up to 42 data points per traveler, exceeding the current 14. Hoteliers argue this is unfeasible, breaches data protection laws, and gives them access to information they cannot obtain legally.