Data Protection in a Real Estate Agency

Personal data is of great value, which is why legislation in recent years has focused its efforts on specially protecting it. Hence, today we focus on data protection in a real estate agency, because it is a very important issue.

In fact, not respecting legal guidelines regarding this matter can lead to significant penalties from the Spanish Data Protection Agency (AEPD).

What is data protection? Does a real estate agency have to comply with it?

Personal data protection is a legal discipline focused on ensuring and safeguarding the personal data of third parties that private companies and public entities may have stored. The objective is to keep them safe and prevent intrusions by unauthorized third parties, as well as improper use of that information.

Data protection legislation affects all individuals and companies within the national territory.

In the specific case of real estate agencies, being meticulous in complying with this regulation is especially important, because files not only contain personal information of clients, but can also include the keys to their home. Therefore, there must be absolute control over who has access to real estate properties.

How to comply with data protection in a real estate agency

The first step is to have a data protection document in the real estate agency. Through it, interested parties are informed that there is a file in which their data will be stored, and it establishes what type of processing will be done with that information and who is responsible for the file.

The same document must record the rights of data subjects regarding their data: access, rectification, opposition, erasure, restriction of processing, portability, and not to be subject to individualized decisions.

By signing, the data subject is granting express authorization for the processing of their data in accordance with the provisions of the document, so it is important that both parties keep a copy.

The real estate visit sheet is another obligation that must be fulfilled. Through it, a record is kept of those who visit a property that is for sale or available for rent.

As a professional, you must present this sheet to visitors, but they are not obliged to sign it if they do not wish to. What is essential in any case is that you expressly inform interested parties on it that their personal information is being collected, stating what it will be used for, in which file it will be registered, who is in charge of it, and the rights that assist them. If the visitor does not sign, they are not giving you their consent to process their data.

Data protection in a real estate agency is a matter that must be taken very seriously, because protecting people's privacy is increasingly important.

‍