Legislation
Horizontal Property Act
With respect to the obligations of the owners established in the Horizontal Property Law, it is necessary to differentiate those relating to the exclusive elements, and those existing with respect to the common elements. Among the first are the failure to modify the architectural elements, facilities or services when it undermines or alters the security of the building, its general structure, its configuration or external state or damage the rights of another owner as well as the prohibition to develop in them activities harmful to the farm or those that contravene legislation on “annoying, unhealthy, harmful, dangerous or illicit” activities; between the latter, in addition to carrying out the activities described, the prohibition to make any alteration. The precise statement of the obligations of the owners is found in Art. 9, Law 49/1960, of July 21.
As determined in Art. 2, Law 29/1994, of November 24, housing is considered to be a “lease on a habitable building whose primary purpose is to satisfy the permanent need for housing of the tenant.”
Likewise, the rules of the lease of housing are applied to “furniture, storage rooms, parking spaces and any other dependencies, leased spaces or services provided as accessories to the property by the same lessor”.
Tourist Leasing Regulations
In accordance with article 36.1.b of Law 12/1999, of December 15, on Tourism, tourist apartments constitute a type of tourist accommodation establishment that, according to article 38 of the same Law, are those designed to provide the tourist accommodation service that are composed of a set of accommodation units and that are subject to commercialization by the same owner. Said units may be apartments, villas, chalets, bungalows or similar properties, and must have the furniture and adequate facilities for the conservation, processing and consumption of food and beverages within each accommodation unit.
Organic Law on Data Protection
The principles and rules relating to the protection of natural persons with regard to the processing of their personal data must, regardless of their nationality or residence, respect their fundamental freedoms and rights, in particular the right to protection of personal data. Personal data.
According to art. 5, RGPD, the principles relating to processing, personal data will be:
a) treated in a lawful, fair and transparent manner in relation to the interested party (“lawfulness, loyalty and transparency”);
b) collected for specific, explicit and legitimate purposes, and will not be subsequently processed in a manner incompatible with said purposes; according to article 89, paragraph 1, the further processing of personal data for purposes of archiving in the public interest, scientific and historical research purposes or statistical purposes will not be considered incompatible with the initial purposes (“limitation of purpose”) ;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are treated (“data minimization”);
d) exact and, if necessary, updated; all reasonable measures shall be taken so that personal data that are inaccurate with respect to the purposes for which they are treated are removed or rectified without delay (“accuracy”);
e) maintained in a way that allows the identification of the interested parties for no longer than necessary for the purposes of processing personal data; personal data may be kept for longer periods provided they are exclusively for the purpose of archiving in the public interest, scientific or historical research purposes or statistical purposes, in accordance with article 89, paragraph 1, without prejudice to the application of the measures appropriate technical and organizational measures imposed by this Regulation in order to protect the rights and freedoms of the person concerned (‘limitation of the period of storage’);
f) processed in such a way as to ensure adequate security of personal data, including protection against unauthorized or illicit treatment and against loss, destruction or accidental damage, through the application of appropriate technical or organizational measures (“integrity and confidentiality »).