Whether they are on paper or digitalized, they are important for your agency, they have a legal value, they protect your mandates... But did you know that they are not so harmless from a personal data point of view since they are a data processing for the CNIL? To be clear, if it is not well managed, it can become a problem for your GDPR compliance(General Data Protection Regulation). So here are some tips and points to watch out for.
WHAT IS THE LEGAL VALUE?
SeLoger reminds us that when a potential buyer signs a visit voucher, it is to acknowledge that they have visited a property through an agent. This document, which is not obligatory, only serves to prove the buyer's visit, and attests that this visit was indeed carried out by such real estate agency. In fact, the legal value of the visit slip is linked to the type of mandate signed. The visit voucher has a real value if the seller has signed an exclusive mandate because it can be used to demonstrate the possible prejudice, for example, if the buyer had to conclude the sale directly with the seller.
WHY IS IT A DATA PROCESSING FROM THE RGPD AND CNIL POINT OF VIEW?
Paper or digital, on the voucher will be indicated at least the coordinates of the potential buyer as well as the date of the visit. Sometimes, we will find other information on the returns, impressions of this visit. At this stage, we are only talking about collecting personal data.
But the issue goes further because these visit vouchers are then kept, sorted, archived, destroyed, can be digitized, transmitted to the seller ... etc.. These are data processing operations that must be secured. No seller or potential buyer would want this information to be out there!
Of course, these data are not sensitive and this is not a critical treatment but just an example of a priori anodyne treatment as there are many in real estate agencies.
WHAT ARE THE PRECAUTIONS TO TAKE FROM AN RGPD POINT OF VIEW?
They are relatively simple, but in principle, you must already ensure that you have the informed consent of the people who will entrust you with their data. A mention should therefore be added on the document itself to explain the principle, the duration of conservation, etc. This will "protect" you from the potential buyer.
Secondly, these are common sense measures: it is a matter of not leaving this data lying around, archiving it if necessary, and destroying it at some point. Whether on paper or digital format;
WHICH BASIC MODELS TO USE?
Le Figaro offers you 2 very easy to use templates that you can customize for your agency.
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