The new Royal Decree 933/2021, of 26 October, which establishes the documentary registration and information obligations of natural or legal persons who carry out accommodation and motor vehicle rental activities, has recently entered into force and regulates more strictly the new spanish traveller data  register. This regulation has a significant impact on the tourism sector, including tourist accommodation, which must now comply with new legal obligations to ensure compliance with security and traceability standards.

It is important to analyse how this Tourist Law regulation affects both owners and managers of tourist accommodation in Andalusia. In this article, we will explain in detail the keys to the new registry, the legal implications and the steps to be taken to ensure compliance.

The new passenger data register: new Royal Decree on Passenger Registration

Royal Decree 933/2021, which regulates the documentary registration and information obligations of travellers, entered into force recently, on 2 December 2024, with the aim of improving security in the tourism sector. The regulation extends the obligations of owners and managers of tourist accommodation, who must collect and submit detailed information on their guests to the competent authorities.

New features include:

  • The obligation to collect additional information on guests, including data such as nationality, purpose of the trip and length of stay.
  • The implementation of technological measures to digitise the registration process, facilitating the authorities’ access to data in real time.
  • The reinforcement of sanctions for those who fail to comply with the obligations established in the Royal Decree.

This regulation applies to all tourist accommodation, including hotels, hostels, campsites and, especially, to tourist accommodation, which in recent years has experienced a boom in cities such as Malaga and coastal towns such as Nerja and many others.

Impact of the new Travellers’ Data Register on tourist dwellings in Malaga and Andalusia

Tourist accommodation has become a mainstay of the tourism sector in Malaga and other areas of Andalusia. Owners and managers of these dwellings must be particularly attentive to the new provisions, as any non-compliance can lead to significant financial penalties.

Changes in obligations for property owners and managers

From the entry into force of the Royal Decree, owners and managers of tourist dwellings in Malaga and Andalusia must:

  1. Register each traveller in the official system. This includes not only the basic details of the guest, such as name and identity document, but also additional information such as the reason for the trip and contact details.
  2. Ensure the retention of records. The data collected should be stored securely and be available to the authorities for the time stipulated by law.
  3. Comply with real-time data transmission. Regulations require records to be sent electronically to authorities immediately, eliminating delays in guest notification.

Legal consequences for non-compliance with the correct new registration of traveller data for tourist dwellings and tourist accommodation.

Failure to comply with these new obligations can lead to financial penalties ranging from moderate fines to significant amounts depending on the seriousness of the infringement. To avoid this, it is crucial that property owners seek advice from lawyers specialising in Tourism Law.

In the specific case of Malaga and Andalusia, inspections are often rigorous due to the high density of tourist dwellings in these regions. Locations such as Nerja, a popular destination for national and international tourists, or Malaga capital, will also come under increased scrutiny.

Collecting accurate guest data is now mandatory for all holiday homes in Málaga and Nerja. ⚖️ Avoid penalties and keep your business in order! Data such as payment transaction and more detailed personal details of guests are some of the new traveller data that needs to be collected and retained.

Collecting accurate guest data is now mandatory for all holiday homes in Málaga and Nerja. ⚖️ Avoid penalties and keep your business in order! Data such as payment transaction and more detailed personal details of guests are some of the new traveller data that needs to be collected and retained.

Data required to be collected by the new spanish Traveller Data Register

Royal Decree 933/2021, of 26 October, establishes new documentary registration and information obligations for natural or legal persons carrying out accommodation activities in Spain, including tourist dwellings. This regulation, which entered into force on 2 December 2024, requires the collection and retention of specific guest data.

According to Annex I of the Royal Decree, the data to be collected are:

  • Details of the establishment or accommodation activity:
  1. Type of establishment (new)
  2. Business name (new)
  3. Complete address.
  4. Identification code assigned by the competent authorities (new).

 

  • Details of the natural or legal person owning the activity:
  1. Name and surname(s) or company name(s).
  2. Tax identification number (NIF) or equivalent document.
  3. Contact details: telephone number and e-mail address (new)
  • Details of the person making the reservation:
  1. Name and surname.
  2. Type and number of identity document.
  3. Nationality.
  4. Date of birth (new)
  5. Contact details: telephone and e-mail (new).

 

  • Guest details:
  1. Name and surname.
  2. Type and number of identity document.
  3. Nationality.
  4. Date of birth (new)
  5. Date and time of check-in and check-out (new)
  6. Signature of the guest (for guests over 14 years old) (new)

 

  • Transaction details:
  1. Date and time of booking (new)
  2. Reference number or contract identifier (new)
  3. Check-in dates
  4. Number of guests.
  5. Amount of the transaction (new)
  6. Means of payment used (new)

The most important changes include the introduction of data related to the economic transaction (such as the amount and means of payment), the contact details of the guests and those responsible for the accommodation, as well as the obligation to include precise check-in and check-out dates and times, and the signature of guests over 14 years of age.

It is important to note that the data must be kept for a period of three years from the end of the contracted service or provision. In addition, owners of tourist accommodation are obliged to transmit this information to the competent authorities through the SES.HOSPEDAJES platform, set up by the Ministry of Home Affairs.

Failure to comply with these obligations can lead to penalties ranging from 100 The failure to comply with these obligations can lead to penalties ranging from 100 to 30,000 euros, depending on the seriousness of the infringement. It is therefore essential that owners and managers of tourist accommodation in Malaga and Andalusia are properly informed and take the necessary measures to comply with current regulations.

Implications for owners in Malaga and Nerja of the new spanish Traveller Data Register

In tourist towns such as Malaga and Nerja, where tourist accommodation represents an important part of the local economy, the impact of this new regulation will be more evident.

Technological adaptation

One of the most important challenges will be the implementation of technological solutions to comply with the obligations of registration and data transmission in real time. Digital platforms specialised in the tourism sector can be a great help to automate these processes and avoid errors that could result in penalties.

Training and legal advice

It is essential that owners of holiday homes in Malaga and Nerja receive training on the new regulations. In addition, having the support of a lawyer specialised in Tourism Law is essential to fully understand the legal implications and ensure compliance with the regulations.

Benefits and challenges of the new spanish traveller data register

While the Royal Decree is an administrative challenge for many owners, it also has important benefits for the sector:

  • Increased security and transparency. The regulation seeks to ensure that all tourist accommodations operate under the same rules, avoiding unfair competition.
  • Professionalisation of the tourism sector. Compliance with these new obligations raises the standard of quality in the sector, improving the experience for guests.

However, challenges are also evident:

  • Increased administrative burden. For small and large owners, compliance with these regulations may be more complex due to lack of resources, and the additional workload that will be involved in complying with this new Royal Decree.
  • Risk of penalties for non-compliance. Even minor errors in the registration process or data transmission can result in fines.

Recommendations for owners and managers of holiday dwellings

To ensure compliance with the regulations and avoid legal problems, we recommend the following steps:

  1. Digitalise your processes. Use platforms that allow you to register and transmit your guests’ data automatically and securely.
  2. Get legal advice. A lawyer specialised in Tourism Law can help you understand and comply with all the provisions of the Royal Decree.
  3. Stay informed. Regulations in the tourism sector can change frequently. Keeping up to date is key to avoiding penalties.
  4. Invest in training. Train your team on the new legal obligations and the technological tools needed to comply with them.

Conclusion

The new spanish traveller data register marks an important change in the way tourist accommodation is managed in Spain. For owners of tourist accommodation in Malaga, Nerja and the rest of Andalusia, this regulation represents both a challenge and an opportunity to professionalise their activities and contribute to a safer and more transparent sector.

As a lawyer specialising in Tourism Law, I am at your disposal to help you understand the implications of these regulations and ensure that your business complies with all the legal requirements. Do not hesitate to contact me for personalised advice and to protect your investment in the tourism sector.

At Pérez Parras Economists and Lawyers in Malaga and Nerja we specialise in Tourism Law, and have helped many property owners in Malaga to buy a property, business premises, building or car park, or sell a property in Malaga and, in many cases, to register the property as a tourist property. If you are going to buy a property or flat with the intention of exploiting it or renting it out as tourist accommodation, you should seek advice from lawyers who are experts in tourist flats and Communities of Neighbours, in order to buy a property in a Community of Owners that does not have prohibitions on the exploitation of new tourist accommodation, or even limitations. Furthermore, if you wish to buy a property, business premises, building or car park, or sell a property, at Pérez Parras Economists and Lawyers we are experts in the purchase and sale of properties, with a team of lawyers and economists who will be able to advise you to avoid surprises. Do not hesitate to contact us and ask us for a quote to accompany you in the process of buying or selling your home. We will prepare and review your earnest money contract after ensuring that the purchase you wish to make is viable and secure, without hidden charges, and we will help you and process all the taxes associated with your purchase and sale operation, optimising for example the IRPF to be paid if the property comes from an inheritance, advising you until the end of your purchase, or sale of the property, including the tax submission and any other procedure with the Administration or Land Registry. You should also know that with the purchase of your property worth at least 500,000 euros we can help you to process your residence permit for Golden Visa investors in Spain, for you and your family members, as we are expert lawyers in Immigration Law, and specialised in obtaining Visas and Residence Permits for Golden Visa investors in Spain under the Law to Support Entrepreneurs and their Internationalisation.