Spain, a popular destination for tourists from around the world, is found at the heart of a controversy because of the Royal Decree 933/2021. Ironically nicknamed “Big Brother law”, this law entered into force on December 2, 2024. It aims to monitor tourism on Spanish territory.
More concretely, the Big Brother law requires tourist accommodation establishments and car rental agencies to collect detailed personal data on their customers.
Up to 60 personal information collected: tourists under close surveillance in Spain
Owners of tourist rentals, travel agencies, camping managers and hoteliers will now have to collect up to 40 personal information from their customers.
As for car rental agents, no less than 60 personal data that they will have to collect. All information must then be transmitted to the Ministry of the Interior.
Among the personal data of tourists that must be collected, there is the identification information, the contact details, the details of the stay and the payment information. Other information such as the nature of the relationship between tourists and the choice of travel method must also be recovered.
The Spanish government justifies the “Big Brother” law “
For car rental agencies, other additional information such as the driving license number and the dates and places of care and restitution of the vehicle are requested. If the rented vehicle is equipped with a GPS, agencies must also transmit geolocation data.
According to the Spanish government, the Royal Decree 933/2021 is used to improve the monitoring of tourist flows in the country. Its objective is to strengthen national security. Companies that do not comply with these obligations are exposed to financial sanctions. Fines can go up to € 30,000.
The European associations of travel agencies and tour operators (ECTAA) as well as their Spanish representative Acave, expressed strong concerns about the Big Brother law.
An attack on individual freedoms and the privacy of tourists
They claim that the collection of such a massive amount of personal data is an attack on individual freedoms as well as a violation of the private life of tourists.
According to them, this regulation is likely to dissuade tourists from visiting Spain. The tourism sector is however a pillar of the Spanish economy. It represents 12 % of Spain's GDP in 2022.
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They also add that the collection and transmission of these data represent complicated administrative procedures for professionals. This is all the more restrictive for small businesses.
Judicial recourse in perspective against the “Big Brother” law in Spain
Moreover, Ectaa and Acave also judge that the Big Brother law could be easily bypassed by transmitting falsified data. Professional tourism organizations in Spain are therefore considering a judicial appeal.
Their main motivation is that the decree could break the General Data Protection Regulations (GDPR). It is still in force in the European Union.
For a country like Spain which is the second world tourist destination, this law could actually have heavy consequences.
With an unwavering passion for local news, Christopher leads our editorial team with integrity and dedication. With over 20 years’ experience, he is the backbone of Wouldsayso, ensuring that we stay true to our mission to inform.
