The Spanish Confederation of Hotels and Tourist Accommodation (CEHAT) is calling for urgent ministerial action or the repeal of Royal Decree 933/2021 regarding Spain's traveller registration system. The organisation has been opposing the new system for several years, citing concerns about data collection legality and non-compliance with European regulations on free movement of travellers and data protection.
Over the past two years, European authorities have expressed growing concern during meetings with tourism associations, including HOTREC, ECTAA, EFCO and RuralTour. These organisations have questioned the compatibility of the Royal Decree with EU legislation, particularly noting that Spain's requirement for data collection and transmission is unique within the European Union.
Legal reports have identified issues with proportionality and data minimisation principles, creating challenges for tour operators, travel agencies, and SMEs who find themselves caught between national and European legislative requirements.
The European Commission, through its Deputy Director-General for Justice and Consumers, has clarified that any data collection must comply with Directive (EU) 2016/680. The Commission has maintained active dialogue with Spanish authorities and notes that the exact scope of obligations for accommodation businesses, online platforms, and car rental companies remains undefined pending a ministerial order.
CEHAT, representing 51 provincial, regional, and sectoral associations across Spain's tourism accommodation sector, maintains that the Royal Decree contradicts EU law and data protection regulations. The sector hasn't had contact with the Interior Ministry for ten months, despite three years of previous consultations.
Jorge Marichal, CEHAT's president, stated: "We've been waiting far too long for the Interior Ministry to address Spanish tourism sector concerns and listen to European representatives. It's crucial for the Ministry to re-engage with sector representatives to either develop a legally compliant ministerial order or repeal Royal Decree 933/2021, creating an efficient system that meets the original objectives".