Obligation for online short-term rental platforms to transmit activity data and registration numbers
1. When a listing concerns a unit located in an area included in the list referred to in Article 13(1), point (b), providers of online short-term rental platforms shall collect and, on a monthly basis, transmit to the single digital entry point of the Member State where the unit is located, activity data per unit, together with the corresponding registration number as provided by the host, the specific address of the unit and the URL of the listing. That transmission shall take place by machine-to-machine communication means.
2. By way of derogation from paragraph 1, small or micro online short-term rental platforms that did not, in the previous quarter, reach a monthly average of 4 250 or more listings shall transmit the activity data per unit, together with the corresponding registration number, the specific address of the unit and the URL of the listing, at the end of the quarter, by machine-to-machine communication means or manually in accordance with national law, to the single digital entry point of the Member State where the unit is located.
3. Online short-term rental platforms shall, based on the information provided by the hosts, ensure that the datasets they transmit to the competent authorities pursuant to this Article are complete and accurate.
Establishment and functionalities of single digital entry points
1. Where a Member State has established one or more registration procedures pursuant to Article 4(1), that Member State shall establish a single digital entry point for the receipt and forwarding of activity data, the relevant registration number, the specific address of the unit and the URLs of the listings provided by online short-term rental platforms pursuant to Article 9. That Member State shall designate the authority which is to be responsible for the operation of the single digital entry point.
2. The single digital entry point referred to in paragraph 1 shall:
(a)
provide a technical interface for online short-term rental platforms enabling the machine-to-machine and manual transmission of activity data, the relevant registration number and the URLs of the listings, which, in order to ensure interoperability, is to be implemented using an application programming interface that is based on technical requirements defined by the Commission;
(b)
facilitate random checks by online short-term rental platforms pursuant to Article 7(1), point (c);
(c)
provide a technical interface for the competent authorities referred to in Article 12 to receive activity data, the relevant registration number, the specific address of the unit and the URLs of the listings, transmitted by online short-term rental platforms, only for the purposes listed in Article 12(2) for units in their territory;
(d)
facilitate the sharing of the information referred to in Article 13.
3. Member States shall ensure that the single digital entry point referred to in paragraph 1 provides for:
(a)
interoperability with the registries referred to in Article 4(5);
(b)
a freely accessible and machine-readable online database or online interface for the checks referred to in Article 7(1), point (c), and for the assessment referred to in Article 8;
(c)
the possibility to reuse the information or documentation to be provided by hosts pursuant to Article 5, if the same information or documentation is requested by multiple registries referred to in Article 4(5) within the same Member State;
(d)
confidentiality, integrity and security of the processing of the activity data, registration numbers, the specific addresses of the units, and the URLs of the listings transmitted by online short-term rental platforms in accordance with Article 9.
4. The single digital entry point referred to in paragraph 1 shall ensure the automatic, intermediate and transient processing of personal data that is strictly necessary for the purpose of giving access to the authorities referred to in Article 12 to activity data, registration numbers, the specific addresses of the units and the URLs of the listings provided by online short-term rental platforms.
5. The Commission may adopt implementing acts laying down common technical specifications and procedures to ensure interoperability of solutions for the functioning of the single digital entry points and the seamless exchange of data, including common specifications to establish a standardised structure of registration numbers Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Coordination of single digital entry points
1. Each Member State shall appoint a national coordinator. Those national coordinators shall act as contact points for their respective administrations for all matters relating to the single digital entry point.
The national coordinator for each Member State shall be responsible for contacts with the Commission in respect of all matters relating to the single digital entry point. Each Member State shall inform the other Member States and the Commission of the name and contact details of its national coordinator. The Commission shall keep and maintain a list of the national coordinators and their contact details.
2. The single digital entry points coordination group (‘the coordination group’) is hereby established. The coordination group shall be composed of the national coordinator from each Member State and shall be chaired by the Commission. The coordination group shall adopt its rules of procedure. The Commission shall support the functioning of the coordination group. The coordination group may, where appropriate, consult relevant stakeholders with regard to specific points, including the harmonised format of data sharing.
3. The coordination group shall support the implementation of the provisions of this Regulation concerning the single digital entry points. In particular, the coordination group shall perform the following tasks:
(a)
facilitate the exchange of best practices on matters related to coordinating implementation at national level, in particular as regards the provisions set out in Article 10;
(b)
assist the Commission in promoting the use of interoperability solutions for the functioning of the single digital entry points, the exchange of data, and automated checks, including checks of all listings and registration numbers;
(c)
assist the Commission in developing a common approach to the message format for the transmission of activity data and registration numbers and, if appropriate, a common structure of the registration numbers.
Access to data
1. Member States shall establish a list of the competent authorities responsible for areas where a registration procedure applies pursuant to Article 4.
2. Access to the information transmitted pursuant to Article 9 shall be granted to the competent authority only where the intended purpose of the processing is one of the following:
(a)
monitoring compliance with the registration procedures referred to in Article 4;
(b)
implementing, and ensuring compliance with, rules governing access to, and the provision of, short-term accommodation rental services in accordance with Union law.
3. The competent authorities listed pursuant to paragraph 1 shall retain activity data in a secure manner as long as necessary for the purposes referred to in paragraph 2 and no longer than 18 months after their receipt. Those competent authorities may, in accordance with the laws of the Member State concerned, share activity data without any data that can identify individual units or hosts, including registration numbers and URLs of the listings and the relevant information transmitted pursuant to Article 5(1)(a), points (i) to (iv), in particular with the following:
(a)
authorities tasked with developing laws, regulations or administrative provisions concerning access to, and the provision of, short-term accommodation rental services;
(b)
entities or persons carrying out scientific research, analytical activities or developing new business models, where this is necessary for the purposes of those activities.
This notwithstanding, those competent authorities may share with the authorities referred to in point (a) the information contained in Article 5(1)(a), points (i) to (iv), in accordance with the laws of the Member State and subject to appropriate safeguards for data protection, including, where applicable, Article 6(4) of Regulation (EU) 2016/679.
4. Member States shall designate the national entity responsible for transmitting, for each unit, the activity data and the registration number obtained pursuant to Articles 5 and 9, the municipality where the unit is located and the maximum number of available bed places that the unit accommodates, on a monthly basis, to national, and where relevant, regional statistical offices and make such data available to Eurostat for the purpose of compiling statistics in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council ( 23 ) . Access to that data by the national or regional statistical offices shall be subject to appropriate safeguards for data protection.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
