Tenancy Agreements And Gdpr

You can only process the tenant`s personal data in the legal way defined in the RGPD. In the past, you may have simply had a clause in the tenancy agreement in which the tenant signs that they agree that their data should be processed by you. This may now be illegal. Although the RGPD has consent as one of the legal ways to process the data, it is not recommended to rely on this ground in a situation between the landlord and the tenant. This is because there may be an imbalance of power with the landlord who has a position of power over a tenant. Since the tenant can revoke his consent at any time, it would not be in your best interest to rely on consent. As I understand it, there is no need for consent if personal data is treated under “legal requirements,” “contract,” “vital interests” or “legitimate interests,” which pretty much covers the reasons why owners process information while they are managing a lease, so we should be in order without consent as long as we do our job as we are supposed to. If you use an owner to manage rental applications, you should take care of the privacy policy, as they are the ones who will collect and process the data. Your agent`s privacy policy should be a sharing of your client`s personal data, but yes, it`s their responsibility, not you. Inserts in the rental agreement a section “Data Protection” which indicates that a confidentiality statement has been made available to the tenant, explaining how his data is used and that the tenant has understood the conditions. 1. Give tenants a “privacy statement” for the data you provide for the tenant by providing this document:- Private Residential Tenanation Model – Data Protection (RGPD) Information available here – www.gov.scot/publications/privacy-gdpr-notice-for-landlords/ In previous versions of our residential tenancy agreements, there was a clause in which the tenant agreed to speak to housing benefit services.

The new RGPD guidelines state that anything that requires consent should not be part of a primary contract, but should be separate consent, which can be revoked as easily as consent. Even when I send an email to my client (or rather they send it to me…) I have to send a privacy statement, I can see that the leases reflect the new law, but since I am a downloadable privacy policy? This reason is likely to cover many of your data processing requirements while they are managing a lease. If you really want to be a belt and brace, you can send the new tenant privacy statement to your existing tenants stating that your privacy policy has been updated for the use of their information.

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