The coalition comprises ECTAA, EFCO&HPA, ETOA, HOTREC and RuralTour.
On 4 June, the European Commission announced that it had sent a Letter of
Formal Notice to Spain, expressing concerns that the country’s traveller data
collection requirements may not comply with EU data protection rules.
The Commission raised concerns regarding the extensive categories of
personal information collected under the legislation, including payment-related
and location-related data, as well as the broad access granted to law
enforcement authorities and the three-year retention period for collected
information.
The Commission’s action follows several years of engagement between the
European tourism sector and both Spanish and European authorities regarding the
proportionality, legality and practical implementation of Royal Decree
933/2021.
Since 2024, the coalition organisations have submitted multiple joint letters to Spain’s Ministries of Interior and Tourism, the Spanish Data Protection Agency, the European Commission and other relevant authorities. The organisations also provided legal analyses and participated in public consultations concerning the legislation.
According to the coalition, these submissions consistently highlighted
potential incompatibilities with EU data protection legislation and the
operational burden placed on tourism businesses.
The organisations stated that the opening of the infringement procedure
reflects concerns that have been raised by stakeholders across the tourism
sector for several years.
Throughout discussions with authorities, the tourism associations argued
that the Decree requires the collection of excessive amounts of personal and
transaction data, creates legal uncertainty regarding compliance with EU data
protection rules and imposes disproportionate administrative obligations on
travel companies, accommodation providers and other tourism operators across
Europe.
The coalition also stated that it recognises the importance of measures aimed at combating terrorism and organised crime. However, it maintained that such measures should comply with the principles of necessity, proportionality and legal certainty that underpin EU legislation and fundamental rights protections.
The organisations expressed hope that the infringement procedure will contribute
to the development of a framework that supports security objectives while
ensuring compliance with EU law and avoiding unnecessary burdens for travellers
and tourism businesses.
The coalition stated that it remains committed to working with the European
Commission, Spanish authorities and other stakeholders to support a practical,
proportionate and legally compliant solution.
Tags: European Commission ECTAA, EFCO&HPA, ETOA, HOTREC RuralTour
