In Spain, there is growing concern about the upcoming implementation (first scheduled for October 1st and then postponed to December 2nd) of new regulations requiring the registration of travelers in campsites and other tourist accommodations. In few weeks, the final extension of Royal Decree 933/2021, issued on October 26th, will take effect. This decree mandates tourism subsectors (accommodations, car rentals, travel agencies, intermediary platforms, campsites, tourist apartments, etc.) to provide certain data on their customers.
However, as the Spanish Federation of Campsites (FEEC) points out, there is no clarity on what data must be provided or how it should be submitted (these points were supposed to be detailed in a ministerial order that has not yet been published). According to the federation representing Spanish campsites, the lack of clarity has created widespread confusion, making it impossible to automate the data collection and submission process. Complying with the new obligations in this uncertain situation, the FEEC argues, would result in additional and disproportionate manual work for campsites.
In a statement, the FEEC described the chaos the sector is currently facing: “Campsites, which have always cooperated with law enforcement agencies, have been surprised to learn that they must provide unofficial data, which does not appear on any traveler documents (ID card or passport), such as payment method, credit card numbers, mobile phone number, and home address. As the FEEC has repeatedly pointed out over the past few months, this makes it impossible to submit the data automatically, forcing manual registration and submission, leading to an increase in errors and disproportionate work for those who must provide this information.”
FEEC and CEHAT demand a review of the regulations
The FEEC has therefore joined the initiative of the Confederación Española de Hoteles y Alojamientos Turísticos (CEHAT), which has reached out to the Ministries of Tourism and the Interior, the General Directorate of Police, and the Civil Guard to request a review and adjustment of the regulations.
The concerns expressed by the FEEC and CEHAT (which together represent over 16,000 establishments with a total of 1,800,000 beds across Spain) address several aspects of the Royal Decree, starting with its incompatibility with European Union regulations. As highlighted by the European Commission and the European Court of Justice in Judgment C-817/19, the mass data processing measures outlined in the Royal Decree violate EU regulations on data protection and privacy.
Secondly, they raise issues of legal uncertainty and non-compliance: the Royal Decree lacks the necessary clarity to prevent legal loopholes, creating legal insecurity. Companies face significant challenges in obtaining the required data, leaving them exposed to severe penalties. Furthermore, the implementation of the new regulations would place Spanish companies at a competitive disadvantage compared to competitors in other EU countries not subject to similar regulations, damaging Spain’s tourism sector.
In addition, the lack of technological readiness among companies to comply with the new registration and communication obligations would increase operational risk. Finally, the new registration and identification requirements would result in a disproportionate administrative burden, especially for small and medium-sized enterprises (SMEs), which make up 95% of the tourism sector.
These specific criticisms now await a clear response from the Spanish government. Without appropriate modifications to the Royal Decree before it comes into force, campsites warn, it will be impossible to comply with the regulations, potentially compromising the quality of data available to security forces to prevent crime and terrorism.
Concerns across Europe
The issue is so delicate, with possible repercussions beyond Spain’s borders, that the concerns of Spanish tourism associations are being shared at the European level. In fact, for the first time, various European tourism associations are taking a unified stance against the legislation of a single country.
In a letter – accompanied by a detailed legal analysis of the contested Spanish decree – addressed to various Spanish authorities, European tourism business associations – including the European Travel Agents’ and Tour Operators’ Association (ECTAA), the European Tourism Association (ETOA), the European Federation of Rural Tourism (RURALTOUR), and the European association representing hotels, restaurants, bars, and cafes (HOTREC) – expressed their concern and opposition to the imminent implementation of Royal Decree 933/2021.
The letter denounces the impossibility of complying with the requirements imposed by the regulations, noting that “the decree will impose significant and unnecessary administrative burdens and additional costs on businesses, effectively increasing the price of vacations in a highly competitive market.”
Photo by Rodrigo Salomón Cañas
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