On January 24, 2024, the German Data Protection Conference (DSK) issued guidance on obtaining self-disclosures from prospective tenants in accordance with the General Data Protection Regulation (GDPR). In particular, the DSK provides that during the viewing appointment, the collection of personal data is governed by Article 6(1)(f) of the GDPR. Once the prospective tenant declares their interest in renting the apartment and the subsequent decision of the landlord, the collection of personal data is governed by Article 6(1)(b) of the GDPR. Importantly, the personal data of prospective tenants with whom the agreement was not reached must be deleted in accordance with Article 17(1)(a) of the GDPR.

The DSK clarified that the collection of personal data following the abovementioned provisions is limited to information that is objectively related to the rental agreement, provided there are no overriding legitimate interests of the prospective tenant. The guidance further provides examples of data permissible for collection at each point of collection.

Furthermore, the DSK confirmed that the conclusion of the agreement is dependent on the collection of personal data, and consent would therefore not be considered voluntary and cannot be used as a legal basis for the abovementioned points of data collection.

You can download the guidance, only available in German, here.