Many landlords have still not checked and maybe do not understand their obligations.
GDPR came into effect on 25th May 2018. Be sure to review all the personal information you hold on your tenants and ex-tenants. Sanctions for non-compliance vary, but the maximum is €20M. Here are a few reminders for residential landlords:
- Review all tenant personal information that you currently hold. You must have a legitimate legal reason for keeping the information. This also applies to ex-tenants, so if you no longer need the information then it should be securely and permanently destroyed. But remember to retain records for legal and tax purposes.
- Check with the Information Commissioner’s Office if you need a data protection officer (there is a quick online test for this).
- It is advisable to adopt a privacy policy to let tenants know how you will manage their personal information to explain what information is being collected as well as who, how and why it is being collected.
- If you are sharing information with contractors or letting agents be sure to request a copy of their privacy policy to satisfy yourself that personal information provided by you will be used in accordance with GDPR.
Des Pearson
Manager – Personal Tax and Property Sector Specialist
