The current regulation of personal data protection is in Regulation (EU) 2016/679 of the European Parliament and of the Councilof 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( so-called General Data Protection Regulation).
In principle, personal data in brokerage services will include: the name and the last name, identity document numbers, PESEL number (Polish personal number), NIP number (tax identification number), REGON number (one of the entrepreneur’s numbers), citizenship information, telephone numbers, e-mail addresses, account names on such portals as: Facebook, Twitter, Instagram, home address, the address of the property being sold, the number of the mortgage register (so-called KW number). In general, this data is information about an identified or identifiable person.
The processing of personal data is every operation on personal data, that is: collecting, recording, organizing, ordering, storing, adapting, modifying, downloading, browsing, using, disclosing, distributing, sharing, matching, merging, limiting, deleting, destroying.
According to General Data Protection Regulation there is a number of obligations related to ensuring proper protection of personal data, which every entity processing personal data must obey, including real estate companies.
A real estate agent should provide a client with information on the procedures used to process personal data, that is information especially on:
- personal data administrator,
- legal basis for the personal data processing,
- possibility of contacting the personal data administrator,
- people who may have access to personal data,
- duration of processing personal data,
- information on the rights to access personal data,
- information on the right to file a complaint to the President of the Office for the Protection of Personal Data.
If an agent uses an offer management program (and this is almost always the case), when concluding an appropriate brokerage agreement refering to ordering the sale or rental of a client’s property, the client should be allowed to consent to the processing of his personal data in such a program.
The ASTONS real estate company makes every effort in order to meet the detailed rules of personal data protection described in the General Data Protection Regulation.
