PROPOSAL FOR A REGULATION ON DATA COLLECTION AND SHARING RELATING TO SHORT-TERM ACCOMODATION AND RENTAL SERVICES

Publication date:November 14, 2022

There are three Internal Market goals:

  • To facilitate data requests by public authorities concerning platforms operating across borders
  • To achieve a comparable level of transparency between short-term rentals and hotels 
  • To facilitate the combat against illegal listings and the development of policies to identify, quantify and limit short-term rentals in areas where they have become a problem

It ensues from the combination of Articles 8 and 13(1)(b) that the Regulation does not require member states to put in place registration procedures for hosts (natural or legal persons providing the accommodation). But if they do have procedures:

  • There is a harmonised online procedure for registration of hosts and properties (Art. 4) including information to be provided by hosts (Art. 5). Competent authorities must have the power to verify host declarations (Art. 6(1)), demand rectification of incomplete or incorrect information (Art. 6(2)) and when a host fails to rectify, they must have the power to order platforms to remove or disable access to the listing without delay (Art. 6(3)).
  • There is a unique identification number issued to identify hosts and properties (Art. 4(2)(b)).
  • Hosts are obliged to use their identification number and display it online (Art. 4(2)(g)).
  • Online platforms must facilitate display of identification numbers (Art. 7(1)(b)), randomly check host declarations concerning the existence or not of a registration procedure (Art. 7(1)(c)) and inform the competent authorities of these random checks without delay (Art. 7(2)).
  • Online platforms are obliged to share data monthly in an automated way (Art. 9(1)) via a single digital entry point facilitating the random checks by the platforms (Art. 10(2)). A ‘Single Digital Entry Points Coordination Group’ made up national coordinators and chaired by the European Commission (Art. 11(2)) will assist the Commission in developing a common approach to message format for the transmission of activity data and registration numbers and a common structure of the registration numbers (Art. 11(3)(c)).

Member states must lay down rules on effective, proportionate and dissuasive penalties for platforms that fail to report their random checks for incorrect host declarations or invalid registration numbers or that fail to share monthly data (Art. 15(3)).

The Regulation does not affect member states’ competence relating to hosts’ health and safety requirements, minimum quality standards or quantitative restrictions on hosts (as long as there’s a public interest objective) (Recital  4).

Not included in the scope of the Regulation (Recital 8):

  • Webpages connecting hosts with guests without any further role in the conclusion of direct transactions
  • Online platforms intermediating the exchange of dwellings without payment

Full EPF Secretariat report and text of Council General Approach under epf22-47 of 11.11.2022