Legal framework
The obligation to collect and submit guest identification data is established through national legislation adopted by individual European Union Member States.
While the European Union does not operate a single, centralised guest registration system, Member States introduce these obligations under their own laws, in compliance with European Union legal principles, including fundamental rights and data protection rules.In many European Union countries, accommodation providers are legally required to register guests staying overnight and to submit specific identification data to public authorities.
European Union legal context
European Union law allows Member States to require the collection of personal data when it is necessary and proportionate for purposes such as:
- Public security and crime prevention
- Migration and border control
- Protection of public order
- Fulfilment of official statistical obligations
These principles are derived from EU primary and secondary legislation, as well as case law of the Court of Justice of the European Union.
Relevant European legislation
Guest data registration obligations are linked to several European legal instruments, including:
- Directive 2004/82/EC on the obligation of carriers to communicate passenger data, which establishes the principle that personal data may be required for public security and migration control purposes
- Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), which governs the lawful processing, protection, and rights related to personal data
- Charter of Fundamental Rights of the European Union, which ensures respect for privacy and protection of personal data.
These instruments set the legal boundaries within which Member States may adopt national guest registration laws.
National legislation
Each EU Member State defines its own guest registration requirements through national legal acts, such as:
- Public security and immigration laws
- Tourism and accommodation regulations
- Governmental or ministerial decrees
- police or interior ministry regulations.
These laws determine:
- Which accommodation providers are subject to registration obligations
- What guest data must be collected, How long the data may be retained
- How and when the data must be submitted
As a result, the scope and procedures vary between countries.
National authorities and official systems
Guest data must be submitted only to official government systems operated by competent public authorities, such as:
- Ministries of the interior
- National police authorities
- Immigration or border control agencies
- Designated tourism authorities
Accommodation providers are prohibited from submitting guest data to unofficial or private databases for regulatory compliance purposes.
Compliance obligations for accommodation providers
Accommodation providers are legally required to:
- Verify guest identity in accordance with national law
- Submit accurate and complete data within defined deadlines
- Protect guest data against unauthorized access or misuse
- Cooperate with competent authorities when lawfully requested
Failure to comply with guest registration obligations may result in administrative or criminal penalties, depending on national legislation.