Tenant Consent and Data in Spain
As a tenant in Spain, understanding how your personal data related to the rental contract is collected and used is essential to protect your privacy and rights. This text explains, in clear language, when landlords can request documents, what consent means and which legal basis allows processing information such as ID, payslips or references. It also details your obligations and the landlord's limits, how to request rectification or deletion of data, and what to do if you believe data have been misused. You will find practical steps to preserve evidence, file complaints and the legal deadlines to consider in eviction processes or contractual disputes.
What data can be requested?
- ID and other identity documents
- Payslips and income or payment proofs
- Security deposit and rent receipts
- References and letters from previous landlords
In most cases, the landlord may only request data necessary for rental management.
Consent and legal basis
Data processing in rental matters can rely on several legal bases: performance of the rental contract, compliance with a legal obligation, the landlord's legitimate interest, or the data subject's consent. When it concerns rental-specific matters, the basis is usually contract execution or legitimate interest related to solvency; for concrete legal obligations sector rules and the LAU apply.[1] All personal data processing must also comply with the applicable data protection rules in Spain.[2]
Do not sign broad authorizations that allow uses other than rental management.
Tenant rights and how to exercise them
- Request access to your data to see what information the landlord holds
- Rectification or deletion if there are errors or unnecessary data
- Opposition and restriction of processing when there is a legitimate reason
- File claims or legal actions if your rights are not respected
Keeping copies of all communications increases your ability to prove irregularities.
How to act if there is a problem
If you detect misuse of your data or a disproportionate request, ask in writing for justification and the legal basis for processing; keep a copy of the request and the response. In matters related to arrears or evictions, respect procedural deadlines and seek legal advice if necessary, since the LAU regulates specific procedures and deadlines.[1]
- Reply within the stated deadlines to avoid losing rights
- Contact advisory or mediation services if you cannot resolve it
- Send requests in writing and keep acknowledgements or receipts
Always request the minimum necessary information and check how it will be used.
Key takeaways
- The landlord can only request data relevant and proportionate to the rental.
- Keep documents and communications to facilitate exercising your rights.
- If rights are not respected, consider filing a claim or going to court.
Frequently asked questions
- Can the landlord request my payslip?
- Yes, if necessary to assess solvency, but it must be justified and used only for that purpose; it cannot be stored indefinitely.
- Does the landlord need my consent to keep my data?
- Not always; processing may be based on contract performance or legitimate interest, but for other different uses specific consent will be required.
- What is the deadline to receive a response to an access request?
- Usually the controller must respond within the legal term established by data protection rules; if there is no response, keep proof of your request and consider filing a claim.
How to
- Gather documentation: ID, contract, payslips and relevant communications
- Request access, rectification or deletion in writing to the landlord and keep acknowledgement
- If you do not receive an answer, seek advice and consider filing a claim with authorities or courts
