Data Protection for Real Estate

Overview

Real estate agents and property managers handle personal data for buyers, sellers, landlords, and tenants, often including identity documents and financial information. This guide explains how to handle it under the Act.

Why this matters

Property transactions involve high-value, high-risk personal data: identity documents, proof of income, and financial details. This is exactly the kind of data that fuels fraud, so careful handling protects your clients and your firm.

The data you hold

• Buyers and sellers: contact details, identity documents, financial information.
• Landlords and tenants: contact details, references, income evidence, tenancy history.
• Applicants: application forms, background and affordability checks.

Identity and financial documents

Verification often requires sensitive documents. Keep this proportionate:

• collect only what you genuinely need for the transaction
• store documents securely with limited access
• set a retention period and dispose of them securely afterwards

Sharing with banks, landlords, and partners

You will often share applicant or client data with mortgage providers, landlords, or service partners. Do so only with a lawful basis, share the minimum needed, use secure channels, and be transparent in your privacy notice that this happens.

Common scenarios

• Tenant applications. Collect references and checks proportionately, and delete unsuccessful applicants' data when no longer needed.
• Sharing with a bank for a mortgage. Share only what is needed, with the client's awareness.
• A client asks what you hold. Treat it as an access request.

Common mistakes

• Keeping every applicant's documents forever, including those who were unsuccessful.
• Emailing IDs and financial documents without protection.
• Sharing client details with partners without a basis or disclosure.

Best practices

• Publish a clear privacy notice for all parties.
• Minimise and securely store identity and financial documents.
• Set retention periods and dispose of documents securely.