General Data Protection Regulation in the real estate industry

The EU GDPR at a glance

• data privacy: meaning, objectives, personal data.
• Previous legal bases, including the Federal Data Protection Act, state data protection laws.
• General Data Protection Regulation at a glance.
• Internal and external constellations in which data protection guidelines can play a role.

data privacy for residential and commercial tenancies

• data privacy when initiating a contract, pre-contractual rights and obligations, including: Viewing appointments, self-disclosure, Schufa clause, handling of data if the main contract is not concluded.
• data privacy during the contractual relationship: including consumption data, data collection in the event of a change of person, access and inspection options and requirements.
• Data protection violations by tenants during the contractual relationship: video surveillance of the property and public areas.
• Contractual possibilities and necessities.
• Post-contractual data privacy: (legal) retention periods versus deletion and blocking periods, possible solutions for the practice.

Special features for prospective buyers and sellers

• Data transfer to financing partners.
• Data transfer to other contracting parties.
• Information and inspection rights of tenants and buyers.
• Right to information and right to erasure.

data privacy in cooperation with service providers

• Case constellations in relation to personal data.
• Data transfer, e.g. to tradesmen, authorities, third parties, Schufa.
• Organizational and contractual solutions.

Consequences of violations

• Act against Unfair Competition (UWG).
• Warning and injunction.
• Liability constellations, damages.
• Fine.

Internal importance of data protection

• data protection officer: necessity, tasks, possible solutions.
• Employee training.
• Legally compliant internal data collection and storage of data.
• Access rights and Employees.
• Procedure for stolen or lost data.
• Reaction options within the company in the event of violations.
• Integration into risk management.
• Avoiding pitfalls, practical examples.

New legal developments and ePrivacy Regulation