We would like to draw the attention of all our customers who are involved in the letting of residential property to the fact that the DSK has issued a current guidance document on obtaining tenant self-disclosures.
In principle, the General Data Protection Regulation stipulates that only as much data may be collected as is necessary for the purpose of data processing (principle of data minimisation). Accordingly, the guidance describes 3 phases in the letting process.
- the viewing appointment
- the pre-contractual phase, in which prospective tenants indicate that they wish to rent a specific flat
- the decision in favour of a particular prospective tenant (first choice).
The guideline clearly describes which data may be collected when and at what time and which questions are not permitted. The topic of credit information via credit agencies is also covered.
In view of the fact that the DSK is an association of all state data protection commissioners and the federal commissioner, it can be assumed that these regulations must be observed in every federal state. It is therefore highly recommended reading and can be found on the website of the Data Protection Conference at
https://www.datenschutzkonferenz-online.de/media/oh/2024-01-24_DSK-OH_Mietinteresse_V1.0.pdf