Law / European Union

Short-term rental data Regulation, Article 6 (verification of registration numbers and orders to remove listings)

Regulation (EU) 2024/1028, Article 6

In force since .

A notice and action rule binding public and private bodies.

Obligation class
Reporting

As of .

What it requires

  • It reaches you if you provide an online short-term rental platform, an online platform within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065 that allows guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services, and you offer services to hosts providing those services in the Union, wherever you are established: when a competent authority issues an order under Article 6(3) or (6) requesting you to remove, or to disable access to, a listing relating to a unit, do so without undue delay.
  • When a competent authority issues an order under Article 6(4) requesting you to provide further information so that it can verify the authenticity and validity of a registration number, provide that information. If the order requests you to remove, or to disable access to, a listing relating to the unit, do so without undue delay.
  • Where a registration procedure applies and national law enables a competent authority to order you to provide requested information and to remove listings concerning units offered without a registration number or with an invalid registration number, or in cases involving the misuse of a registration number, comply with that order.

Who enforces it

Enforcement body

The authorities designated by the Member State of the relevant single digital entry point (Article 15(2)).

What this law does

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Research summary

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Article 2(1) applies the Regulation to providers of online short-term rental platforms that offer services to hosts providing short-term accommodation rental services in the Union, irrespective of their place of establishment, and to hosts providing short-term accommodation rental services.

Article 3, point (5), defines an online short-term rental platform as an online platform within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065 that allows guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services.

Article 6(1) and (2) let competent authorities verify, at any time after a registration number has been issued, the declaration and supporting documentation a host submitted, and give them the power to ask the host to rectify incomplete or incorrect information within a reasonable period they specify.

Article 6(3) gives a competent authority, where a host fails to rectify the requested information or documentation, the power to suspend the validity of the affected registration number or numbers and to issue an order requesting online short-term rental platforms to remove, or to disable access to, any listing relating to the unit or units in question without undue delay.

Article 6(4) gives a competent authority, where it finds manifest and serious doubts about the authenticity and validity of the information or documentation a host submitted, the power to suspend the validity of the affected registration number or numbers and to issue an order requesting online short-term rental platforms to provide further information to enable verification, or to remove, or to disable access to, any listing relating to the unit or units in question without undue delay.

Article 6(5) requires a competent authority that intends to suspend or withdraw a registration number to notify the host in writing stating the reasons for that intention and to give the host the opportunity to be heard and, where appropriate, to rectify the information or documentation within a reasonable period.

Article 6(6) gives a competent authority, where a host has failed through wilful misconduct or gross negligence to rectify the information requested, or has provided unauthentic or invalid information, the power to withdraw the registration number or numbers and to issue an order requesting online short-term rental platforms to remove, or to disable access to, any listing relating to the unit or units in question without undue delay.

Article 6(7) requires an order under Article 6(3), (4), (6) and (11) to contain a statement of reasons, clear information enabling the provider of the platform to identify and locate the listing or listings concerned, such as one or more exact URLs and the identity of the competent authority, and, where available, the identity of the host and the registration number of the unit.

Article 6(11) requires Member States, where a registration procedure applies, to ensure that national law enables competent authorities to order providers of online short-term rental platforms to provide the requested information and to remove listings concerning units offered without a registration number or with an invalid registration number, or in cases involving the misuse of a registration number.

Article 15(2) makes the authorities designated by the Member State of the relevant single digital entry point competent to enforce Article 6, and Article 15(3) requires Member States to lay down rules on penalties, which must be effective, proportionate and dissuasive, applicable to infringements of Article 6 by online short-term rental platforms and, where appropriate, by hosts. Article 19 applies the Regulation from .

When LexLint raises it

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