The Spanish tourism sector, already weakened by the after-effects of the pandemic, is facing a new ordeal. Starting today, December 2, 2024, a controversial law, dubbed « loi Big Brother » by professionals, comes into force. This measure, which imposes unprecedented obligations on businesses, raises many questions. What does this legislation consist of, and what will its consequences be for tourism stakeholders and travelers?
A controversial law that is debated
Behind its official name, “royal decree 933/2021”, the “Big Brother law” fuels lively controversy. It requires tourism businesses – hotels, travel agencies and vehicle rental companies – to collect and transmit a wide range of personal data of travelers to the Spanish Ministry of the Interior.
The information requested is numerous: name, address, passport number, bank details, transaction history, travel itineraries, background, relationships between travelers, and much more. There are nearly 40 types of information for an accommodation reservation, this figure reaching 60 for the rental of a vehicle.
This data, once collected, will be transmitted in real time to the Information Management System for Security (SGIS), a centralized platform which aims to strengthen national security by ensuring precise traceability of tourist movements.
Failure to comply with this law exposes companies to severe penalties. Fines can reach €30,000 for serious violations, such as refusing to transmit information or providing incomplete or incorrect data.
The repercussions of the Big Brother law on the Spanish tourism sector
According to the government, this law aims above all to strengthen internal security and better follow the tourist flows. However, professionals in the sector express deep concerns.
One of the most controversial points is the impact on travelers' privacy. Associations like Ectaa (European Travel Agents’ and Tour Operators’ Associations) denounce a possible violation of the General Data Protection Regulation (GDPR). They highlight the increased risks of cyberattacks or abuse linked to the exposure of sensitive data.
Despite calls for the measure to be postponed and revised, it was adopted by a parliamentary majority in the Spanish Congress and Senate, entering into force today. There is no shortage of criticism: professionals fear that this administrative burden and the feeling of surveillance will deter foreign tourists, aggravating the challenges of an already weakened industry. Furthermore, companies must invest in costly infrastructure to comply with these new obligations, thus increasing their financial and administrative burdens.
The Big Brother law places tourism businesses at the heart of an unprecedented surveillance system. While it aims to strengthen national security, this measure risks infringing on the privacy of travelers and tarnishing Spain's image as a welcoming destination. The debate is far from over, and its concrete effects on the sector remain to be evaluated.
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