The Department of Tourism warns that these digital platforms, such as AirBnB, BOOKING, HOME AWAY, HOLIDAY-SPAIN or TRIPADVISOR have a responsibility to remove unregistered, illegal rental properties from their websites.

The  lack of clear rules on the collaborative economy electronic exchange -Platforms services- has generated many doubts in Europe about how to monitor the management of media such as Uber, Airbnb,  BlaBlacar etc. Spain has begun to make its own judgment authorizing the Autonomous Communities (CCAA) to control and even punish these platforms online. The dept of tourism is clear regarding the powers of autonomy on these channels tourism.


The Government has found under Article 16 of Law 34/2002 of the information,  to empower social communities to control the advertising. If these tourist platforms post into their web pages illegal rental properties and fine them if they do not comply with this law. According to this report, which this newspaper has had access, these online media rental property suppliers "are characterized as hosting services under Article 16 of Law 34/2002 with duties of supervision over deals that are advertised on their websites, and taking responsibility for their illegality ". However, this does not exempt them from responding to the" civil, criminal and administrative consequences to come. " Under this rule, the platforms offer tourist accommodation "would be responsible if, after acquiring actual knowledge of the unlawful nature of the offer (for example, by a requirement for the competent authority to correct or remove certain offers), not to act with diligently to remove the data. " Comply with the Law "Under this regime of responsibility".

The Government is aware that these digital platforms cannot be forced to monitor the adequacy of ll properties, which advocates that the CCAA regulate aspects of their activity "that affect the planning of tourism within its territory".

That is, where a law is known, they can "impose certain obligations supervision and should not be allowed to develop a neutral, passive and automatic publication " and "can regulate the system of penalties for breach of these obligations".  In plain terms , as there is a law in existence for rental properties to be registered under Spanish law, these companies cannot just ignore that without risk of a fine.

Up to date, the Autonomous Communities are being much more restrictive in their regulations. The National Commission Markets and Competition (CNMC) or the European Commission, which had considered unstoppable the phenomenon of the economic collaboration by these sites, now agrees the sites must act responsibly.

The Justice Department has a free handin some cases of digital platforms tourism. In recent weeks, courts have relaxed the regulations of Andalucía, Catalonia and Madrid. In the first case, the Superior Court of Catalonia supported the activity of tourist apartments to revoke a previous statement saying that it was "contrary to normal coexistence."

In Madrid, the High Court has annulled the article saying that they could not be hired for tourist use housing under five days. The CNMC recommends greater freedom of access to the market of taxi and car rental with driver and housing for tourist use. He says the collaborative economy is an "opportunity" to foster greater competition in the markets. The European Commission has proposed common rules for platforms collaborative economy in the Member States to ensure that taxes are paid on their activity and ensure the protection of consumers, but has warned countries that ban private rental completely must be "the last resort".


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