BAKGRUNN (fra europaparlaments- og rådsforordningen)

(1) Short-term accommodation rental services offered by hosts have existed for many years as a complement to other accommodation services such as hotels, hostels or bed and breakfasts. The volume of short-term accommodation rental services is increasing significantly across the Union as a result of the growth of the platform economy. While short-term accommodation rental services create many opportunities for guests, hosts and the entire tourism ecosystem, their rapid growth has triggered concerns and challenges, in particular for local communities and public authorities, such as their contribution to the decrease in the availability of long-term rental housing and the increase in rents and housing prices. This Regulation focuses on one of the main challenges, namely the lack of reliable information about short-term accommodation rental services, such as the identity of the host, the location where those services are being offered, and their duration. The lack of such information makes it difficult for authorities to assess the actual impact of short-term accommodation rental services and develop and enforce appropriate and proportionate policy responses.

(2) Public authorities at national, regional and local level are increasingly taking measures to obtain information from hosts and online short-term rental platforms, by imposing registration schemes and other transparency requirements, including on online short-term rental platforms. However, legal obligations regarding data generation and data sharing diverge considerably within and between Member States as regards their scope and frequency, as well as in terms of related procedures. The large majority of online platforms intermediating the provision of short-term accommodation rental services provide their services across borders and indeed across the internal market. As a result of diverging transparency and data-sharing requirements, the full realisation of the potential of short-term accommodation rental services is hampered, and the proper functioning of the internal market is negatively affected. In order to ensure the fair, unambiguous and transparent provision of short-term accommodation rental services within the internal market, as part of a balanced tourism ecosystem that provides opportunities for platforms while respecting public policies objectives, a uniform and targeted set of rules should be established at Union level.

(3) To that end, harmonised rules on data generation and data sharing for short-term accommodation rental services should be laid down in order to improve access to, and the quality of, data for public authorities on the provision of short-term accommodation rental services, which in turn should enable public authorities to design and implement policies on such services in an effective and proportionate manner.

(4) Rules should be laid down to harmonise transparency requirements for the provision of short-term accommodation rental services through online short-term rental platforms in cases where Member States decide to impose such transparency requirements. Accordingly, harmonised rules should be provided for registration schemes and for data-sharing requirements concerning online short-term rental platforms, where Member States decide to put in place such schemes or requirements. To achieve effective harmonisation and to ensure the uniform application of those rules, Member States should not be able to legislate on access to data from online short-term rental platforms outside the specific regime laid down in the present Regulation. That is in order to ensure that Member States do not regulate data-sharing requests without putting in place the necessary registration schemes, databases and single digital entry points and that they facilitate proportionate, privacy-compliant and secure data sharing by online short-term rental platforms within the internal market. This Regulation does not affect Member States’ competence to adopt and maintain market access requirements relating to the provision of short-term accommodation rental services by hosts, including health and safety requirements, minimum quality standards or quantitative restrictions, provided that such requirements are necessary and proportionate to protect public interest objectives in accordance with the provisions of the Treaty on the Functioning of the European Union and Directive 2006/123/EC of the European Parliament and of the Council (4). In the context of short-term accommodation rental services, combatting rental housing shortage has been recognised by the Court of Justice of the European Union (Court of Justice) as an overriding reason relating to the public interest, justifying the adoption of measures that are non-discriminatory and proportionate to the objective pursued. The availability of reliable data on a uniform basis should support Member States’ efforts in developing policies and regulations that comply with Union law. In fact, as the case-law of the Court of Justice made clear, Member States are required to justify possible market access restrictions for hosts on the basis of data and evidence.

(5) This Regulation is not intended to ensure compliance with customs or taxation rules and does not affect Member States’ competences in the area of criminal offences. Accordingly, it does not affect the competence of Member States or of the Union in those fields or any instruments of Union or national law adopted pursuant to such competence concerning access to, or the sharing or use of, data in those areas. Therefore, possible future use of personal data processed pursuant to this Regulation, for law enforcement or for taxation and customs purposes, should be in compliance with Union and national law.

(6) This Regulation should apply to services consisting in the short-term letting of furnished accommodation, provided for remuneration, whether on a professional or non-professional basis and as further defined under national law. Given the different approaches existing in Member States, short-term accommodation rental services can concern, for example, a room in a host’s primary or secondary residence, or an entire dwelling either on land or on water, rented out for a limited number of days per year, or one or more properties bought by the host as an investment to be rented out on a short-term basis, typically for less than a year throughout the year. The provision of furnished accommodation for more permanent use, typically for one year or more, should not be considered to be provided on short-term basis. Short-term accommodation rental services should not be limited to units let for touristic or leisure purposes, but should include short-term stays for other purposes, such as business or study.

(7) The rules laid down in this Regulation should not apply to hotels and other similar tourist accommodations, including resort hotels, suite or apartment hotels, hostels or motels, as data for those types of accommodation are usually available and well-documented. Accommodation provided on camping grounds, or in recreational vehicle parks and trailer parks, such as tents, caravans or recreational vehicles, should likewise not be covered by those rules, given that such accommodations are normally found in dedicated areas, such as campsites or caravan parks, and do not have an impact on residential housing comparable to that of short-term accommodation rental services.

(8) The rules laid down in this Regulation should apply to online platforms within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065 of the European Parliament and the Council (5), which allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services. Therefore, webpages or other electronic means which connect hosts with guests without any further role in the conclusion of direct transactions should be excluded from the scope of this Regulation. Online platforms intermediating the provision of short-term accommodation rental services without remuneration, for example, online platforms intermediating the exchange of dwellings, should not be covered by these rules unless, due to the specific way they are designed, they involve remuneration, including any form of economic compensation.

(9) Registration procedures enable competent authorities to collect information on hosts and units relating to short-term accommodation rental services. The registration number, which is a unique identifier of a unit rented, should ensure that the data collected and shared by online short-term rental platforms can be properly attributed to hosts and units. That registration number should be included in a public and easily accessible registry and Member States should ensure that that registration number does not include personal data. The competent authorities in the Member States which have imposed a requirement on online short-term rental platforms to transmit data should therefore put in place or maintain registration procedures for hosts and their units. In order to avoid situations in which a unit is attributed more than one registration number for a listing, each unit should be subject to only one registration procedure in a Member State, at national, regional or local level. The registration obligations established under this Regulation should be without prejudice to other possible information obligations derived from Union or national law, arising from taxation, population censuses and the collection of statistics.

(10) In order to ensure that the competent authorities obtain the information and data they need, without imposing disproportionate burdens on online short-term rental platforms and hosts, it is necessary to lay out a common approach to registration procedures within Member States that is limited to basic information allowing the precise identification of the unit and the host. To that end, Member States should ensure that, upon the submission of all relevant information and documentation, hosts and units are given a registration number. Hosts should be able to identify and authenticate themselves using electronic identification means issued under a notified electronic identity scheme pursuant to Regulation (EU) No 910/2014 of the European Parliament and of the Council (6) to complete those registration procedures. Registration should be where possible free of charge or at a reasonable and proportionate cost which should not exceed the cost of the administrative procedure in question. It should also be ensured that hosts are able to submit all required documentation digitally. However, an offline service should still be available to cater for the needs of less-digitally skilled or equipped users, especially the elderly.

(11) Hosts should provide information regarding themselves, the units they offer for short-term accommodation rental services and other necessary information so that the competent authorities know the identity of the host and their contact details, as well as the specific address of the unit, the type (e.g. house, apartment, room, shared room, or another relevant category provided under national law) and the characteristics of the unit. To enable the unit to be identified precisely, specific information should be required from the host, such as the apartment and letterbox number, the floor that the unit is on, or the land registry reference. Where relevant, hosts can also be required to indicate whether they have obtained an authorisation to provide the service as referred to in Directive 2006/123/EC from the relevant authorities, provided that such an authorisation requirement is in line with Union law. Information on the applicability of an authorisation scheme, the rights of the hosts as far as the authorisation scheme is concerned and, in particular, the means of redress available in the event of dispute should be easily available to hosts as provided for in Directive 2006/123/EC. This Regulation is without prejudice to market access requirements that could apply separately and affect the provision of short-term rental services. The automatic issuance of a registration number is without prejudice to the assessment of compliance by the hosts with market access requirements by competent authorities in line with Union law. The description of the unit’s characteristics should include an indication of whether the unit is offered in whole or part and whether the host uses the unit for residential purposes as a primary or secondary residence or for other purposes. Hosts should also provide information on the maximum number of bed places and guests that the unit is capable of accommodating.

(12) It should be possible for Member States to require hosts to submit additional information and documentation attesting compliance with requirements established by national law, such as health and safety and consumer protection requirements. Member States could, in particular, in order to ensure equal access and inclusion, which are essential to enable persons with disabilities to live independently and participate fully in all aspects of life, require hosts to provide information concerning the accessibility for persons with disabilities of the units offered for short-term accommodation rental services in relation to national, regional or local accessibility requirements. Member States should be able to enable hosts to declare whether additional services are provided for remuneration. However, any requirements should comply with the principles of non-discrimination and proportionality, meaning that they must be appropriate and necessary to achieve a legitimate regulatory objective, and with the Treaty on the Functioning of the European Union and Directive 2006/123/EC. The requirement to submit additional information and documentation should not be used to circumvent the rules applicable to authorisation schemes under Directive 2006/123/EC. Furthermore, Member States should be able to impose information requirements on hosts that comply with Union law concerning issues not covered by this Regulation, such as non-remunerated stays, including where hosting arrangements concern vulnerable individuals, such as refugees or beneficiaries of temporary protection.

(13) Where the information and documentation provided by hosts via the registration procedure is valid for a limited period of time, for example in the case of an identity document or a fire or other safety certificate, hosts should be able to update the information or documentation. Where a host fails to submit the updated information and documentation, the competent authorities should have the power to suspend the validity of the registration number until the updated information or documentation has been submitted. The information and documentation submitted by the host should be retained for the entire period of validity of the registration number and for a maximum period of 18 months following the host’s request for removal of a unit from the registry, in order to allow the competent authorities to effectively perform any relevant checks even after the removal of the unit from the registry, unless that information or documentation is necessary for other purposes, as required by law, such as pending legal proceedings, and subject to data protection safeguards in line with Regulation (EU) 2016/679 of the European Parliament and of the Council (7).

(14) The information and documentation provided by hosts via the registration procedure should be verified by the competent authorities only after the issuance of the registration number. It is appropriate to enable hosts, within a reasonable period of time to be specified by competent authorities, to rectify the information and documentation submitted which a competent authority considers to be incomplete or inaccurate. The competent authority should have the power to suspend the validity of the registration number in cases where it finds that there are manifest and serious doubts with regard to the authenticity and validity of the information or documentation provided by the host. In those cases, competent authorities should inform the hosts about their intention to suspend the validity of the registration number and the reasons for such suspension. Where the host, with wilful misconduct or gross negligence, has failed to rectify the information requested or has provided unauthentic or invalid information, it should also be possible for the competent authorities to withdraw the registration number or to take further action, such as to prevent the commercialisation of a unit, as laid down in national law.. Hosts should have the possibility to be heard and, where appropriate, to rectify the information and documentation provided within a reasonable period of time. Where the validity of the registration number has been suspended, or where it has been withdrawn, the competent authorities should have the power to issue an order requesting the online short-term rental platforms to remove, or to disable access to, the listing relating to the unit in question without undue delay. Those orders should include all necessary information to identify the listing, including the individual uniform resource locator (URL) of the listing.

(15) Where a registration procedure applies, hosts should be required to provide online short-term rental platforms with their registration numbers, display each registration number in each corresponding listing and provide guests with the unit’s registration number. Member States should ensure that, where a registration procedure applies, national law enables the competent authorities to order online short-term rental platforms to provide further information regarding a specific unit and to remove listings concerning units offered without a registration number or with an invalid registration number, or in cases involving misuse of a registration number. Misuse of a registration number can be understood as the improper use of a registration number, for example the use of a single number in relation to more than one unit.

(16) Currently online short-term rental platforms constitute the main channel for offering short-term accommodation rental services and there is a need to ensure a safe, predictable and trustworthy online environment, as well as to contribute to the prevention of illegal offers of such services to protect consumers, to ensure fair competition, and to contribute, where appropriate, to the fight against corresponding fraud. Article 31 of Regulation (EU) 2022/2065 lays down certain due diligence requirements that providers of online platforms allowing consumers to conclude distance contracts with traders are to ensure. Those requirements apply to online short-term rental platforms in respect of short-term accommodation rental services offered by hosts that qualify as traders. However, the short-term accommodation rental sector is characterised by the fact that hosts are often private individuals offering short-term accommodation rental services on an occasional peer-to-peer basis, who do not necessarily meet the conditions to be categorised as ‘traders’ under Union law. Therefore, in line with the concept and objective of ‘compliance by design’ under Article 31 of Regulation (EU) 2022/2065, and in order to enable competent authorities to verify whether applicable registration obligations are complied with, it is appropriate to apply specific conditions for compliance by design in the context of short-term accommodation rental services, including those offered by hosts that do not qualify as traders pursuant to Union law. Online short-term rental platforms should ensure that services are not offered where no registration number has been provided, in cases where a host declares that such a registration number applies, and that, where a registration number has been provided, that registration number is displayed. That should not amount to an obligation for online short-term rental platforms to generally monitor the services offered by hosts through their platform, nor to a general fact-finding obligation aimed at assessing the accuracy of the registration number prior to the publication of the offer of short-term accommodation rental services. In that context, taking into account that, where applicable, registration obligations should be complied with by the host before the unit is offered on online short-term rental platforms, and to complement the framework laid down in this Regulation for the avoidance of listings that are not compatible with the applicable Union and national law, it is appropriate to apply specific additional requirements in the context of short-term accommodation rental services. Online short-term rental platforms should, upon receiving the self-declaration of the hosts concerning whether the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies, and prior to allowing the host concerned to use its services, through the lists made available by Member States and the single digital entry points, make best efforts to assess whether the self-declaration, for the accuracy of which hosts are responsible for the purposes of this Regulation, is complete, provided that the assessment can be carried out in a proportionate manner by automated tools.

(17) The competent authorities in Member States which have imposed a requirement on online short-term rental platforms to transmit data about hosts’ activities and have registration systems in place should be able to obtain activity data from online short-term rental platforms on a regular basis. The type of data that may be obtained should be fully harmonised and include information on the number of nights for which a registered unit has been rented, the number of guests to whom the unit was rented per night, the guests’ countries of residence, taking into consideration eventual changes to the original booking, the specific address of the unit, the registration number and the URL of the listing of the unit, in order to allow the identification of the host. Only online short-term rental platforms that have effectively facilitated the conclusion of direct transactions between hosts and guests are covered by the obligation to provide the activity data, the registration number and the URL of the listing of the unit, as only those platforms are in a position to collect data, such as on the number of nights for which a unit is rented and the number of guests to whom the unit was rented per night. In the event of a technical problem affecting the transmission of data by the online short-term rental platforms, the competent authority should have the right to request that the online short-term rental platform resubmits the data in its possession. Member States should not maintain or introduce measures that require online short-term rental platforms to report on short-term accommodation rental service providers and their activities diverging from those laid down in this Regulation, unless otherwise provided under Union law. That information should reflect the in-fact situation in the reference period, taking into account eventual changes to the original booking. In case one unit is offered on various online short-term rental platforms, only the online short-term rental platform on which the contract is concluded with the host should be obliged to provide the aforementioned information in order to avoid multiple transmissions of the same information from different online short-term rental platforms. Without prejudice to the exemption from liability, laid down in Regulation (EU) 2022/2065, online short-term rental platforms should ensure the completeness and accuracy of the datasets transmitted to competent authorities pursuant to this Regulation. In doing so, they should base themselves on the information provided by the host when offering the unit on those online short-term rental platforms. While it is essential to ensure that online short-term rental platforms design their interfaces in a way to facilitate submission of information so as to ensure that hosts can provide all the relevant information prior to listing, at the same time, hosts should remain responsible for the compliance of their activity with applicable rules.

(18) In accordance with Regulation (EU) 2016/679, in order to ensure that the processing of personal data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed, online short-term rental platforms should not be required to report additional information on the identity of the hosts and on units, given that such information is already collected by competent authorities through the registration procedures applicable to hosts.

(19) Online short-term rental platforms that qualify as small or micro enterprises within the meaning of Commission Recommendation 2003/361/EC (8) should not be expected to use machine-to-machine communication means of data sharing provided that they did not, in the previous quarter, reach a monthly average of 4 250 listings in the Union. Allowing such online short-term rental platforms to use manual means to share data with the single digital entry point reduces their compliance burden and takes account of their financial or technical resources, while still ensuring that the competent authorities obtain the relevant data. The assumption is that online short-term rental platforms that are small or micro enterprises within the meaning of Recommendation 2003/361/EC that reach or exceed that threshold should already have in place systems that allow compliance with machine-to-machine transmission requirements.

(20) Online short-term rental platforms should be required to fulfil the reporting obligations in respect of the short-term accommodation rental services that they intermediate for units located in an area where a registration procedure has been established, and provided that the single digital entry point has been established by the Member State. Collecting and sharing that information is necessary to enable the competent authorities to monitor compliance with the registration procedures applicable to hosts and to enable Member States to develop and enforce appropriate and proportionate policies in the area of short-term accommodation rental services.

(21) To avoid online short-term rental platforms being confronted with diverging technical requirements and a variety of access points for sharing data within a Member State, a national single digital entry point should be established as a gateway for the electronic transmission of data between online short-term rental platforms and competent authorities, ensuring timely, reliable and efficient data-sharing processes.

(22) The single digital entry points should facilitate the ability of online short-term rental platforms to randomly check the validity of a registration number or the accuracy of self-declarations, in order to reduce errors and inconsistencies as regards data transmission and to ease their compliance burden. The single digital entry point should, while not requiring the actual storage of the registration number, allow the performance of random checks either automatically, by means of an application programming interface allowing the verification of a registration number against the given entries in the registry of the individual registration procedures in a Member State, or manually. In particular, where a Member State grants access to a centralised, free of charge, system allowing for the automated verification of the areas covered by a registration procedure or of the validity of registration numbers, the regular interconnection to, and use of, such functionalities for assessments and ex post checks, extended on a voluntary basis to all listings, could be presumed to comply with the obligation of the online short-term rental platform to perform assessments and random checks pursuant to this Regulation. Online short-term rental platforms should be free to perform additional checks through the single digital entry point. Member States should continue enforcing registration obligations using the tools already available to them. Member States that have not established a registration procedure and/or imposed a requirement on online short-term rental platforms to transmit data to the competent authorities upon the entry into force of this Regulation can do so at a later stage, provided they establish a single digital entry point in accordance with this Regulation.

(23) In order to ensure uniform conditions for the implementation of the technical solutions supporting the exchange of data and to promote the interoperability of the national single digital entry points, implementing powers should be conferred on the Commission to lay down, where necessary, the applicable standards and interoperability requirements. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (9). It is of particular importance that, where relevant, the Commission carry out appropriate consultations on specific points during its preparatory work as part of the work to be done within the framework of the single digital entry points coordination group.

(24) Alignment should be ensured between the various registries in a Member State as well as their interoperability with the single digital entry point in order to remove semantic and technical barriers to data sharing and to ensure more effective and efficient administrative procedures. The entities in charge of creating the single digital entry points at national level and the Commission should facilitate implementation at national level and cooperation between Member States.

(25) A proportionate, limited and predictable framework at Union level is necessary for the transparent sharing of activity data and registration numbers, in compliance with the requirements of Regulation (EU) 2016/679. To achieve that, Member States should list the competent authorities at national, regional and local level that have established or maintain a registration procedure to request activity data for units located on their territory. Such data should only be processed for purposes of monitoring compliance with registration procedures, or of implementing and ensuring compliance with rules concerning access to, and the provision of, short-term accommodation rental services. In the latter case, such processing should only be permitted if the rules in question do not violate the principles of non-discrimination and proportionality as laid down in Union law, and if such rules comply with Union law, including the rules on free movement of services, freedom of establishment, and the rules established in Directive 2006/123/EC, as interpreted by the Court of Justice. For the purpose of complying with Union law on data protection, any rules concerning access to, and the provision of, short-term accommodation rental services should set out the purpose of processing the relevant data in accordance with Regulation (EU) 2016/679. Activity data, not including personal data, is also essential for authorities that are developing such rules as part of efforts to promote a balanced tourism ecosystem, including effective and proportionate rules concerning access to, and the provision of, short-term accommodation rental services. Nevertheless, in specific cases and to enable authorities to effectively fulfil their tasks, justified by public interest objectives, namely to allow for evidence-based assessments for the development of laws, regulations or administrative provisions concerning access to, and the provision of, short-term accommodation rental services, it is appropriate to provide such authorities with certain relevant information provided by the host, which could include personal data, subject to appropriate safeguards for data protection and in accordance with Regulation (EU) 2016/679. A retention period of a maximum of 18 months should allow the competent authorities to effectively ensure compliance with the rules and regulations applicable to hosts or concerning units rented and for policy development, unless that activity data is necessary for other purposes, as required by law, such as pending legal proceedings, and subject to data protection safeguards in line with Regulation (EU) 2016/679.

(26) Activity data is also important for the compilation of official statistics. Those data, together with information provided by hosts pursuant to a registration procedure along with the registration number, should be transmitted to national, and where relevant, regional statistical offices and to Eurostat every month for the purpose of compiling statistics in line with the requirements applicable to other service providers in the accommodation sector as laid in Regulation (EU) No 692/2011 of the European Parliament and of the Council (10) concerning European statistics on tourism. Member States should designate the national entity responsible for transmitting the data. Competent authorities should also be able to share activity data, without any data that could enable the identification of individual units or hosts, such as registration numbers, specific addresses and URLs, with entities and persons when this is needed to carry out scientific research or analytical activities, or to produce new business models and services. Under the same conditions, activity data could be made available via sectorial data spaces, when established.

(27) Member States should provide the information necessary to allow public authorities, online short-term rental platforms, hosts and citizens to understand the laws, procedures and requirements relating to the provision of short-term accommodation rental services within their territory, including registration procedures as well as any requirements concerning access to, and the provision of, short-term accommodation rental services.

(28) In order to facilitate the implementation of this Regulation, each Member State should designate an authority to be responsible for monitoring its implementation. That authority should report to the Commission every two years.

(29) Member States should ensure the effective enforcement of this Regulation. The authorities entrusted with the enforcement of Regulation (EU) 2022/2065 should ensure that the obligations laid down in this Regulation for providers of online short-term rental platforms concerning the design of the interface of online short-term rental platforms with regard to the registration number of any host, as defined in this Regulation, are complied with in accordance with the powers and procedures laid down in Chapter IV of Regulation (EU) 2022/2065. In accordance with Regulation (EU) 2022/2065, therefore, the competent digital services coordinator or other competent authorities or the Commission should be empowered to enforce the compliance by design obligation laid down in this Regulation in accordance with the allocation of competences laid down in Chapter IV of Regulation (EU) 2022/2065. Consequently, the Commission should be empowered to adopt direct enforcement measures only with regard to very large online platforms designated pursuant to Regulation (EU) 2022/2065.

(30) Member States should ensure the effective enforcement of this Regulation with regard to the verification by the competent authorities of the results of the random checks, the obligation to include a reference to the information to be made available by Member States on rules governing the provision of short-term accommodation rental services and the data-sharing obligations of online short-term rental platforms. Due to the specific nature of those obligations, it should be for authorities designated by the Member State of the single digital entry point, in which the relevant unit is located, to enforce them. Member States should also lay down rules setting out penalties for the infringement of those provisions of this Regulation that apply to online short-term rental platforms and should ensure that such penalties are implemented and notified in accordance with Directive 2000/31/EC of the European Parliament and of the Council (11). Such penalties should be effective, proportionate and dissuasive. Those penalties should ensure the effective enforcement of this Regulation, in particular with regard to data-sharing obligations.

(31) In order to allow citizens and businesses to directly enjoy the benefits of the internal market without incurring an unnecessary additional administrative burden, Regulation (EU) 2018/1724 of the European Parliament and the Council (12), which establishes the single digital gateway, provides for general rules for the online provision of information, procedures and assistance services relevant for the functioning of the internal market. The information requirements and procedures covered by this Regulation should comply with the requirements of Regulation (EU) 2018/1724. In particular, the procedures concerning the registration by hosts and the issue of the registration number referred to in this Regulation, should be included in Annex II to Regulation (EU) 2018/1724 in order to ensure that any host can benefit from fully online procedures. Regulation (EU) 2018/1724 should therefore be amended accordingly.

(32) In addition, in accordance with the once-only principle, hosts with units in one or more Member States should be allowed to reuse data and evidence they have already submitted for the purposes of a first registration, thereby reducing the compliance burden for hosts. That functionality could be provided by using the infrastructure of the ‘once-only technical system’ as established by Commission Implementing Regulation (EU) 2022/1463. (13)

(33) The Commission should periodically evaluate this Regulation and monitor its effects on the provision of short-term accommodation rental services offered through online short-term rental platforms in the Union. That evaluation should include any effects on providers of online short-term rental platforms, any effects of the increased availability and usability of data relating to the provision of short-term accommodation rental services and, specifically, the degree to which that data can be accessed and used for policy making and enforcement purposes, as well as any effects on the content and proportionality of national, regional and local rules relating to the provision of short-term accommodation rental services. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders, including the effectiveness of cross-border cooperation and enforcement mechanisms.

(34) In order to allow sufficient time for Member States to establish registration procedures, adapt existing registration procedures to this Regulation and establish single digital entry points, and to enable platforms and hosts to adapt to the new requirements, the application of this Regulation should be deferred 24 months from the date of entry into force.

(35) Since the objective of this Regulation, namely to contribute to the proper functioning of the internal market in relation to the provision of services provided by online short-term rental platforms, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(36) The fundamental right to the protection of personal data is safeguarded in particular by Regulation (EU) 2016/679. That Regulation provides the basis for rules and requirements of personal data processing, including where datasets include a mix of personal and non-personal data and such data are inextricably linked. Any personal data processing under the present Regulation must comply with Regulation (EU) 2016/679. Therefore, the data protection supervisory authorities should be responsible for the supervision of the processing of personal data carried out in the context of this Regulation.

(37) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (14) and delivered an opinion on 16 December 2022 (15),