The Spanish Data Protection Agency (AEPD) has imposed a fine of 2,000 euros on Youhomey, a real estate agency specialized in the management of temporary rentals, for contacting property owners with rental advertisements to convince them to switch to temporary rentals. These communications were carried out through WhatsApp behind closed doors, without the recipients having given their details to the real estate agency or authorizing the sending of these messages.
The sanction comes after a user’s claim against the company, a startup specialized in medium-term rentals (between one and six months). The complainant, who had never had prior contact with the company nor had authorized the receipt of commercial communications, received several promotional messages in which Youhomey offered to manage his rental. In the resolution Several examples of these contacts are documented by the AEPD:
Hello, I’m BBB from Youhomey, I’m writing to you about the apartment for rent, we offer you a management contract for one year or more (WITHOUT ANY COST); a full month-to-month payment, whether the apartment is rented or not. I am waiting to arrange a VISIT to explain how we work. If you have any questions, do not hesitate to write to me. Good day. WE ARE NOT REAL ESTATE AGENCY. For more information visit our link: youhomey.com/ser-propietario.
According to the agency’s investigation, Youhomey found the owner’s information in a rental advertisement. The real estate company “acknowledged having obtained the telephone number directly from the claimant’s advertisement in Idealista, whose purpose was to facilitate contacts related exclusively to the rental of the property. However, it used this data for commercial purposes, exceeding the legitimate objective of the advertisement,” highlights the AEPD.
During the process, the real estate company alleged that Idealista’s privacy policy allowed the transfer of data to third parties for commercial purposes. However, the AEPD has determined that this argument is not sufficient, since the law requires the user’s express consent to receive commercial communications, an approval that Youhomey could not demonstrate that it had.
“It has even been found that the last commercial message was sent when the claimant was no longer listed as an advertiser on the portal, which reinforces the lack of legal basis for said commercial communication,” the Agency states.
The AEPD has classified the infraction as minor, which is reflected in the amount of the penalty imposed. Although the fine could have reached 30,000 euros, the regulatory body has taken into account the nature of the infraction and has imposed a penalty in the lowest range of the range. The company has told elDiario.es that it will appeal the sanction, but has not made any further statements in this regard.
Youhomey currently operates in major Spanish cities, such as Madrid, Barcelona, Valencia, Malaga and Seville. The company offers a comprehensive management model that includes the search for tenants, reservation management, rent collection and property maintenance, ensuring payment even when the home is unoccupied. Its services are especially aimed at students and “digital nomads”.
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