GIPE Newsletter (24.169) June, 10th 2025

REAL ESTATE BROKERAGE:

CAN I MAKE A COPY OF YOUR ID?

In an effort to streamline the registration process for new clients, many companies choose to request a photo of their ID via WhatsApp or email, or even make a photocopy of the document. They then extract the necessary information and delete the file. But is this correct?

Aspects to consider regarding document processing

At first glance, this method may seem practical and efficient. However, even if clients voluntarily provide their document, it is deleted after use, and no one else has access to it, saving or copying the ID without a clear legal basis involves collecting more data than is strictly necessary. Important! This action violates the principle of minimization, one of the fundamental pillars of personal data protection.

What does it mean to process only necessary data?

Data protection regulations establish that only data that is “adequate, relevant, and limited to what is necessary” for the purpose for which it is collected should be processed. Keeping a copy of an ID card without a valid legal justification violates the General Data Protection Regulation (GDPR). Although it may seem like a harmless practice, it can lead to penalties and negatively affect the trust customers place in the company.

LEASES:

THIS IS A CRIME!

At the end of a lease, the tenant may return the property damaged. In these cases, the landlord is entitled to financial compensation. However, be careful! In certain situations, damages can go beyond simple civil liability and become a crime:

• When it is proven that the damage is not the result of normal wear and tear or the passage of time, but was caused deliberately, this would constitute a crime of property damage.
• It can also be considered a crime if the damage is the result of gross negligence and the value of the damage exceeds €80,000, although this is rare in these types of cases.
  

REAL ESTATE:

CANCELLING THE USUFRUCT WITH A PETITION

When the termination of the usufruct over a property occurs due to the death of the usufructuary, it must be notified to the Property Registry so that the bare owner can regain the right of use. This does not require a public deed:

• File a petition informing the person of the death, whose signature can be authenticated by the registrar (there’s no need to go to a notary).
• Next, pay the tax (the Property Transfer Tax (ITP) if you acquired the bare ownership by sale or the Legal Documents (AJD) if it was through inheritance or donation) and submit the settled petition and the death certificate to the Registry.

GIPE: Together we will be stronger