As of today, Monday 2 December 2024, tourists in Spain will be required to provide more personal information under a new regulation. According to the Ministry of the Interior, the measure is “justified in the public interest for the security of citizens”. The measure applies to foreign visitors and domestic – i.e. Spanish – tourists alike. 

Anyone checking into a hotel, renting a car, or booking an Airbnb will need to supply passport details, gender, home address, telephone number, email address, and payment method. This data will be shared with the Ministry of the Interior in a Registro de Viajeros or Travellers Registry. The rule applies to all individuals aged 14 and older. While children under 14 are exempt, accompanying adults must disclose their relationship with the minors.

“National security”

The government cites national security as the primary reason. A statement from the Interior Ministry claims the measure is necessary to “protect citizens against terrorism and serious crimes committed by criminal organisations.”

Concerns over privacy and impact on tourism

Tourism industry experts have voiced concerns over privacy and administrative burdens. The Confederation of Spanish Hoteliers and Tourist Accommodation (Confederación Española de Hoteles y Alojamientos Turísticos, CEHAT) warned that the new rules could delay check-ins and negatively impact business operations. CEHAT is exploring legal action, arguing the measures threaten the sector’s viability.

Potential breaches of European regulations

Businesses must register with the Ministry of the Interior, report collected data daily, and retain the information digitally for three years. Non-compliance could result in fines ranging from €100 to €30,000.

Airbnb has instructed hosts to register with the Spanish government and collect customer information. However, CEHAT criticised the policy, calling it “confusing and disproportionate” claiming it contradicts European data protection and payment regulations.

CEHAT further warned that the requirements impose “burdensome and complex procedures” on both tourists and Spanish citizens, potentially compromising their experience.

Originally set to take effect on 1 October, the law’s implementation was postponed to 2 December to allow the industry more time to prepare. Spain, Europe’s second most popular tourist destination, welcomed over 82 million visitors in 2023.

LITERALLY | CEHAT announces possible legal actions due to the entry into force of the new Traveller Registry and the lack of response from the Government

The sector considers that the regulations represent a serious detriment to travelers and establishments and is considering resorting to the courts.

The Spanish Confederation of Hotels and Tourist Accommodations (CEHAT) announces that it will take legal action against Royal Decree 933/2021 on the Traveller Registry, whose entry into force is scheduled for 2 December 2, due to the lack of responses from the Government and the negative impact that this regulation will have on the hotel sector and travelers themselves.

The hotel industry association denounces that the Executive (Spanish name for cabinet or government, red.) has ignored all requests for dialogue and clarification, both from CEHAT and from international tourism associations. Despite repeated warnings about the serious repercussions that this regulation will have, the Government has not offered solutions nor has it issued the promised Ministerial Order to clarify its implementation.

A regulation with a direct impact on travellers and businessmen

For CEHAT, the new regulation not only negatively affects international tourists, but also Spanish citizens who use hotels and accommodations when travelling within the country. They will have to deal with more complex and tedious administrative procedures, compromising their accommodation experience.

In addition, hoteliers maintain that they are forced to comply with confusing and disproportionate regulations that violate several European directives related to data protection and payment systems. 

Failure to comply with this European regulation can lead to significant fines for companies that are much higher than the sanctions for not complying with the Royal Decree of the Ministry of the Interior, exposing them to sanctions of up to 30,000 euros if they fail to adapt in time. CEHAT denounces that this lack of clarity generates unacceptable legal uncertainty for a sector that represents 12% of Spanish GDP and is key to the country’s economy.

The Government’s silence leaves the sector without alternatives

Since the meeting held with the Ministry of the Interior on 4 October, CEHAT has not received any official communication or concrete progress in the promised clarifications. 

Likewise, the Government has not issued the Ministerial Order promised to detail the necessary procedures, leaving hoteliers in a defenseless situation less than a week before the decree comes into force.

Jorge Marichal, president of CEHAT, regrets the attitude of the Executive: “We have been requesting dialogue and concrete proposals for months to guarantee legal security and the viability of the sector, but we have not received any response. Given this lack of political will, we are forced to propose legal avenues to protect both business owners and travellers.”

Legal actions to defend the sector and travellers

CEHAT is working with legal experts to evaluate the available judicial options, with the aim of challenging the regulations for their disproportionate impact and their incompatibility with European directives. The employers’ association considers that these actions are necessary to defend the rights of travellers and guarantee a balanced and fair regulatory environment for tourist establishments.

“Spain cannot allow such a damaging regulation to come into force without its multiple defects having been resolved. We will not stop fighting to ensure that our sector and our travellers receive the respect and protection they deserve”, Marichal concludes.

However, CEHAT reiterates its commitment to collaborate with the Spanish and European authorities in the search for solutions that guarantee security without compromising the operation of the sector, before the entry into force of this regulation. 

In this regard, Ramon Estalella, Secretary General of CEHAT, stresses that “we have always collaborated with the State Security Forces and Corps and we remain open to dialogue to find viable and safe technological solutions, before the entry into force of the new Royal Decree.”

Post-pandemic travel requirements

• Spain demands your personal data before you travel there.
• United Kingdom introduces mandatory Electronic Travel Authorisation (ETA) for US, Canada, Australia, EU citizens from 2025.
• European Union, Switzerland, Iceland, Norway, Liechtenstein introduce European Travel Information and Authorisation System (ETIAS) from May 2025.