How is GDPR going to affect Air BNB hosts?

[Sarah351]

Hi.  Can anyone advise how the new GDPR is going to affect hosts from the end of May?  Do hosts need to be GDPR compliant as they are holding personal information on guests?

Thank you for any comments.

[Jeff158]

@Sarah351 For most hosts everything is on the airbnb servers and they are compliant, as is every booking platform I know. I have no guest information that isn't on a 3rd party compliant server.

If you are taking guests details when they arrive and keeping them after checkout, I think you have to lock up the information.

GDPR is at the bottom of this link

pink-book/registration-and-data-protection

[Jeff158]

@Sarah351 I don't know if this effects you or not but its better to be informed

Energy Performance Certificates: new requirement for rental properties 

You may have heard that, from 1 April 2018, there has been a change to the requirements for Energy Performance Certificates. Under the new rules, any property that is being rented to tenants is now required to have a minimum energy performance rating of “E”. This means that it is now unlawful to rent a property with an “F” or “G” rating and doing so will risk a fine of up to £4,000.

However, there is an exemption to the new rules for properties that are being used for holiday lets so the operators of self-catering cottage do not have to worry about this requirement. One area where there may be a problem is if you are letting a property to people on short-term assured tenancy during winter periods or to house temporary workers for short periods. This type of activity would be deemed to be renting and the requirement for the property to have an energy performance rate of at least “E” would apply.

[Jo308]

Hi I have a guest who is a bit upset because the place he stayed in before mine for a few days asked him to complete a form giving personal information about his passport, address at home, registration number of car and his address where he was moving to next on Airbnb which was mine!  He wasn't told what the information was for only that it was collected from everyone staying at the farm house.  Has she got this wrong and is treating an Airbnb as a bed and breakfast farm stay - she said booking.com asked for that and the notepaper was headed.  I didn't give any consent for my address to be handed over and he didn't really understand why he was asked for it in written form - or where it is to be stored, how it is to be used etc.  He is from Kuwait.  Do all airbnb hosts have to do this now with the new GDPR laws?  Surely it's only for 'rights to rent' ie rental properties not bnb??  Any advice would be welcome as spoken to Airbnb and they said verification on their sight and never heard of anyone asking for written personal information like this.  As it stands - he has given personal details to someone who has it and he was asked to do this as he left - nothing was on the airbnb site about it she asked as he was leaving.  All very odd I thought.  Thank you kindly.  

[Jeff158]

@Jo308

Everyone in the UK letting rooms or properties has to comply with current regulations which are explained in the link below. Short version, Uk visitor = only guests names if over 16,  overseas visitor = Guest names, passport number and next destination.

https://www.visitbritain.org/pink-book/registration-and-data-protection

[Krerk0]

According to current Thai immigration requirement, the owner or landlord have to report the stay of guests within 24 hours of their arrival of every non-Thai citizen stay in Thailand. It also applies to hotels, apartment, home,  air BNB

https://thethaiger.com/news/national/thailand-keeping-track-of-foreigners-the-tm30-reporting-form

As it is legitimate by local law, BNB host must keep this record. I understand that it won't against guest privacy or GDPR ?

[Jo308]

gosh thanks.  I thought this was just if you were renting out - like properly renting for a  longer term etc.  Thank you.  But we  need to have a privacy statement don't we for guests saying why we need info, what we will do with it, how we will store it and how we will dispose etc.  So in effect all Airbnb hosts need a privacy statement to hand to people.  Is that right?  Thank you. 

[Krerk0]

I look forward to having this answer from BNB or other hosts. I tell my guest I have to collect passport data for registration as it is required by law. Do I have to tell them how long I will keep it or until when I will erase it ?

[Jo308]

Shouldn't Airbnb do that?  I thought they would do the checks etc.  I don't take any information.  So if we don't take information aren't we covered by airbnb?  It's dealt with by a third party etc.  I don't know why this lady took all his personal information because it should be destroyed at the end should it not?  Thank you Jeff.  

[D58]

 The contract is between the Guest and the Host. It is most certainly the responsibility of the Host to obtain the full contact details and ID of guests staying in their homes.  Airbnb only act as an agent.  Airbnb do have various Host Guarantee policies, but knowing what we all do about how unfair, ignorant, incorrect, unhelpful, untrustworthy Airbnb are, who would realistically rely on them to put things right, I know I wouldn't?

[Jo308]

A minefield!  Two pieces of legislation acting against each other where Airbnb are concerned.  The Immigration Act (1972) asking for keeping records for 12 months and GDPR Privacy and 'right to rent' Act May 2018.   We HAVE TO COLLECT and may collect it at end of stay -  according to Immigration Act but then 'right to rent' says people may refuse to give consent.  If they do and we've accepted them and they weren't made aware of this before booking then what?!!!   If we ask before - as everyone european should on airbnb people may just think it too much an refuse.  And... who is doing this?  I don't anyone who has experienced it before.  I have used Airbnb for a long time but never come across it.  How are Airbnb tackling it all so that we are compliant?  They collect passport/ID, name etc but not the next destination or forwarding address of any non British or commonwealth or Irish citizen.  

[D58]

Airbnb don't give a *bleep* whether or not you are compliant, that's your job, obviously they are only interested in their liability and profit - anyone thinks differently needs their head examining.