- The owner’s data and their connection to the property
- Name, contact details, mandate, title deed, cadastral number, accepted price, reason for sale. The cadastral number is data about an asset, but in the agency’s hands it is an identifier that links a person to an address, so it cannot be treated as neutral information. The mandate is the document that says exactly what the agency is allowed to do on behalf of the owner, and in practice it is also the only place where one could write what is published and what is not.Keep: How long the mandate lasts and the period during which the transaction may still be contested, plus the accounting obligations. A property dossier kept after sale “for history” needs a term written in the record of processing activities, otherwise it becomes an archive without basis.SourceLaw 195/2024, art. 6 para. (1) lit. b), art. 5 para. (1) lit. c) and e), art. 30 para. (1) lit. c) and f)
- Photographs and video recordings from inside the home
- These are the sales material and, at the same time, a picture of the private life of people who often still live there. They may contain faces, documents, objects that reveal religious beliefs, affiliation, or the health status of someone in the household. Publication is a separate purpose from documenting the property and must be required as such. Once uploaded to portals, the images are taken up, replicated and indexed, and their removal no longer depends on the agency — the obligation to make reasonable efforts towards the other controllers remains theirs, however.Keep: Related to the duration of the listing and its withdrawal after sale. Practically: a written term for the internal archive and a withdrawal process from external channels, because the expiry of the listing on a portal is not deletion.SourceLaw 195/2024, art. 5 para. (1) lit. b) and e), art. 6 para. (1) lit. a) and b), art. 17 para. (2)
- The buyer’s brief
- Budget, source of funds, credit approved or not, family composition, reason for moving, urgency. It is the most commercial information in the agency and the least formalised: it does not come from a form, it comes from a conversation. When it contains the real reason for moving, it can affect private life in ways that go far beyond “search preferences”. The person must be informed, at the time of collection, about the purposes, basis, recipients, retention period and rights — including when the data were spoken, not filled in.Keep: How long the search takes and a short, written period after it ends. A brief kept for years “for when they want to sell” is a new processing operation, with a different purpose, which needs its own basis.SourceLaw 195/2024, art. 13 para. (1) and (2), art. 5 para. (1) lit. c) and e), art. 6 para. (1) lit. b)
- The customer due diligence file
- Copy of the identity document, the data of the beneficial owner, the checks carried out, business correspondence, the results of analyses of complex or unusual transactions. It is the only category in the agency whose retention is imposed from outside and is, not coincidentally, also the most sensitive to leaks: a copy of an ID card is the raw material of identity fraud. It is kept separately from the commercial dossier, with restricted access, precisely because it cannot be deleted on request.Keep: Five years from the termination of the business relationship or from the date of the occasional transaction; extendable at the Service’s request, but by no more than another five years.SourceThe methodological manual of the Anti-Money Laundering Prevention and Combating Service, points 68 and 69; Law 195/2024, art. 6 para. (1) lit. c), art. 32 para. (1)
- Physical access: keys, viewing schedule, who enters and when
- It does not look like personal data and it is the most concrete risk in the industry. Whoever has the key, at what time the apartment is free, when the owner is away, who was scheduled to come — combined, these tell a family exactly what a stranger should not know. There are also personal data of scheduled buyers. The security obligation is measured by the severity of the consequences, and here the consequence is not a fine, it is an empty house at ten o’clock.Keep: How long the mandate lasts, plus a short period for proof of activity. The access log has no place in the same location as the advert.SourceLaw 195/2024, art. 32 para. (1) and (2), art. 5 para. (1) lit. f), art. 25 para. (2)
- The messaging thread, calls and contacts from the agent’s phone
- The agency’s largest database sits on agents’ personal phones, in three messaging apps. It contains owners, buyers, actual prices, reasons for sale and photos. It is not declared anywhere, has no retention period and leaves the company with the person. When data pass through a channel provider or through a portal, that party is either a processor or a controller in its own right, and the role is determined by who decides the purposes and means — not by what is written in the terms of use.Keep: Undefined in practice, which is precisely the problem. A term can only be set if the thread is moved to the company’s own space; on a personal phone, the term is “until the phone is changed”.SourceLaw 195/2024, art. 4 (the definitions of “controller” and “processor”), art. 28 para. (1) and (3), art. 26 para. (1), art. 30 para. (1) lit. d) and f)