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Bavaria: BayLDA launches focused audit on compliance with data protection regulations in tenant applications

The Data Protection Authority of Bavaria for the Private Sector ('BayLDA') announced, on 17 January 2022, that it had launched a focused audit dedicated to the topic of self-disclosure of prospective tenants. In particular, the BayLDA stated that even though it may be permissible to ask a lot of information when searching for new tenants and initiating tenancies in order to make a decision, not every piece of information that is of interest to the landlord is required at every point in time. In addition, the BayLDA stated that a distinction must be made according to the points in time along the way between contact by the prospective tenants and the imminent conclusion of a tenancy agreement.

Hence, the BayLDA clarified that when contact is made and a viewing appointment is arranged, information about the prospective tenant's occupation and income is not yet required. Furthermore, the BayLDA stated that only if the person viewing the flat continues to be interested in the flat at or after the viewing is it permissible, for example, to ask about the number of people moving in, and the prospective tenant's occupation and income. Moreover, the BayLDA highlighted that if at the end of the selection process the landlord or landlady would like to conclude a tenancy agreement with the person, then the submission of a self-disclosure from a credit agency may also be requested immediately before the conclusion of the agreement.

You can read the press release here, track the audit here, access the cover letter here, the answer sheet here and the information sheet here, all only available in German.