When you sign a rental agreement with a new tenant, your procedure probably looks like this: you ask for their ID, make a copy, put it in the folder and keep it "just in case." That's how most real estate agencies in Poland operate. The problem is that what seems like caution may actually be a GDPR violation — and one that's easy to fix.
The principle is simple: the right to process data from an identity document doesn't automatically mean the right to make a copy of that document. In most cases, it's enough that the client shows the document for inspection, and you transcribe into the contract only the data that's actually needed. The rest is unnecessary burden that adds to your liability for data you don't really need to store.
On this page, you'll find an explanation of why copying IDs is excessive data processing, what UODO and Polish law say about this, and a concrete way to change your procedure safely and legally.
Why an ID copy isn't the same as the right to copy it
UODO (the Polish Data Protection Office) in its guidelines for financial institutions explains a principle that applies to anyone processing personal data: the fact that you have the right to process data from an identity document doesn't mean you can copy that document. These are two different things. UODO explicitly states that in most cases it's sufficient to show the identity document for inspection — meaning you don't need to make a copy to finalize the agreement.
According to UODO guidelines, the right to process data from identity documents does not mean the right to make copies of these documents. In most cases, showing the identity document for inspection is sufficient.
Why the distinction? It comes from the data minimization principle in Article 5 GDPR, which states that personal data must be adequate, relevant and limited to what is necessary for the purposes for which it is processed. A full copy of an ID contains lots of information not needed for a rental agreement: document number, issuing authority, expiration date, registered address — all of this you process even though only name, contact address, phone number or email are actually needed for the lease. The rest is data that from a GDPR perspective is unnecessary.
In practice, this means a simple distinction: the client shows the document, you verify it's the right person, and that's it. Then you write only the necessary data into the contract. A copy isn't needed either for identity verification at signing or for the performance of the rental agreement.
When a copy is actually necessary
There are situations where a document copy may be justified — for example, when specific regulations require archiving of certain documents. However, in a typical rental agreement for an apartment or office, there is no such requirement. The brokerage agreement defines the scope of mediation activities and does not require storing copies of identity documents.
If you're unsure whether a copy is required in your case — consult with a DPO or lawyer. But in the vast majority of cases, "just in case" is not a legal basis.
What to do when an agent doesn't know which data to enter
A common problem in agencies is that agents don't know which data to enter into the contract and which to only verify. The solution is a simple form with fields to enter: first name, last name, correspondence address, phone, email, optionally PESEL. Everything else — only for inspection, without entering into the system.
Scope of data in the brokerage agreement vs. the rental agreement
The Real Estate Management Act in Article 180(3) precisely specifies what a brokerage agreement should regulate: its scope must be clearly defined in the agreement itself, which requires written or electronic form under penalty of nullity. According to the law, the brokerage agreement defines the scope of activities and does not require additional documentation in the form of ID copies.
This means the data needed to perform the brokerage agreement should result from the agreement's terms — not from additional documentation like ID copies.
In the context of a rental agreement, the situation is even simpler. To conclude a rental agreement, you basically need three things from the tenant: identification data (first name and last name), contact data (address for correspondence, phone, email) and PESEL number, if required by specific regulations — for example in institutional rental. You don't need the ID number, its validity date, issuing authority or any other data from the document. Everything necessary goes directly into the agreement, and you only inspect the document to verify that the person signing is indeed who they claim to be.
This isn't an exaggerated interpretation. It's the literal implementation of the principle that data must be limited to what's necessary. The less data you process, the lower the risk that something goes wrong later — leak, unauthorized access, archiving error.
Documentation vs. agreement — what is really needed
Many real estate agency owners confuse brokerage agreement documentation with client identity documentation. Meanwhile, the brokerage agreement defines the scope of activities, agent's compensation, and rights and obligations of the parties. That's completely different from personal data of the tenant.
A copy of an ID is not part of the brokerage agreement and is not required for its conclusion. It's an additional element you introduce on your own — and for which you bear full responsibility as data administrator.
Transitioning to a new procedure step by step
Changing your current procedure doesn't require a revolution. A few simple steps can be implemented starting from the next contract signing.
The first step is to determine which data from the ID you actually write into the rental agreement. In most cases, it will be first name and last name and residence or correspondence address. PESEL number — only if the agreement requires it. The rest remains the client's responsibility, not yours.
The second step is to change the agreement form or the signing process itself. Instead of "may I see your ID, I'll make a copy" you say "may I see your ID for inspection — I'll check the data and write only what's needed into the agreement." That's literally one sentence that changes the entire procedure.
The third step is training the agents who sign contracts. The point is that everyone in the office applies the same rule: document shown for inspection, data transcribed into the agreement, no copy needed.
The fourth step is reviewing existing folders. The principle here is simple: if you have ID copies from previous years, they're there — you don't need to destroy them forcibly, but from now on you don't create new ones. What was processed before was processed under the rules of that time. New agreements — new procedure.
How to handle existing documentation
If you run an agency with a long history, you probably have hundreds of folders with ID copies. You don't need to destroy them all — that might even violate other regulations. Instead, focus on not creating new copies from now on.
For order, you can also review older folders regarding which agreements are already outdated and whether data from them can be removed. But that's an individual decision that depends on your situation.
What to write into the agreement and what to only verify
From a GDPR perspective, the key distinction is between data you must write into the agreement and data you only verify at the time of signing.
Into the agreement you write: tenant's first name and last name, residence or other address for correspondence, phone number and email — if required by the agreement. PESEL number — only when regulations require it. These are data without which the agreement cannot function.
You verify but don't write into the agreement: ID number, expiration date, issuing authority, registered address from the ID (if different from correspondence address). You see this data on the document, verify everything matches, and that's the end of it. It doesn't go into your system, isn't printed, isn't archived.
This distinction matters because every unnecessary entry is additional data you must protect, for which you're liable, which could be used in case of a leak. The less of this, the better.
Minimum data set in a rental agreement
Practically speaking, a rental agreement only needs a few fields: who is renting (owner's data), who is renting (tenant's data), what is being rented (property address), for what period, for how much, and on what terms. That's it. Contact data is needed for communication but doesn't have to be the same as data from the ID.
How procedure change affects data security
Less stored data means less risk. That's simple math for anyone processing personal data. An ID copy isn't a neutral document — it's a complete set of data that in the wrong hands can be used for identity theft, financial fraud, phishing. As a real estate agency, you bear responsibility for this data just like for data of your clients, contractors, employees.
By switching to the "for inspection, not for copying" procedure, you eliminate an entire category of risk associated with storing ID copies. You don't need to scan them, archive them, protect them from unauthorized access, or worry about deleting them after the agreement ends. One change, benefits on multiple levels.
Moreover, liability for what you write into the agreement is clear. For data written in the agreement, you're liable based on that agreement. For data from ID copies that "sat in the folder just in case" — you're also liable, but in a less defined way, because it's unclear who and when processed that data.
What GDPR says about data security
The data minimization principle from the UODO handbook emphasizes that personal data must be adequate, relevant, and limited to what is necessary. This means that storing copies of the entire ID — with all the data it contains — is not only unnecessary but actually contrary to the spirit of GDPR.
Self-review of procedure: what you actually need
Review your current rental agreement signing procedure and ask yourself a few questions:
Which data from the tenant's ID do you actually write into the agreement? If more than name and address — consider whether each field is necessary. Do you have a clause in the agreement requiring the ID number? If not — why are you processing it? Is the ID copy stored in the folder next to the agreement, in a separate folder, or in an IT system? If so — is it really needed there? How many clients do you serve monthly and how many of them leave an ID copy "just in case"? Sum this over a year — that's data you're processing without legal basis.
After answering these questions, you have a clear picture of what can be simplified. One conversation with a lawyer or DPO (Data Protection Officer) is enough — not to get permission for copying, but to confirm that your new procedure complies with the data minimization principle.
How it looks when the process is managed by a system
When the agreement signing process goes through an office management system, everything happens in one flow: the agent sees the document, enters only necessary fields into the agreement, and the agreement is created without scanning or copying. The system doesn't store the document image — it remembers only what you enter: first name, last name, contact data. That's it.
The agent doesn't need to remember what to transcribe and what not to. The system knows what fields are in the agreement and asks for those. The rest stays with the client — and that's the right place, because it's their data, not yours.
Error risk decreases: you don't transcribe the ID number that would later be in the system unnecessarily. You don't create a copy that sits in a folder and you forget about it a year later. Everything the system processes has a clear purpose and legal basis.
Changing the procedure to "show for inspection" doesn't require major investments or specialized tools. Awareness, consistency in application, and a moment to train the team are enough. The result? Less data, less liability, less risk.
Aura offers solutions that help manage client data without unnecessary document storage. CRM and automations gather inquiries from every channel into one pipeline, without manual re-entry. Customer Data in one place replaces scattered folders. Lead forms collect only what's needed. Integrations connect systems without unnecessary re-entry. Tasks help track what has been completed.
If you want to see how this works in practice — check how real estate office automation changes the approach to client data. Read also about automation and GDPR to understand where data physically goes. The guide on automation costs helps estimate budget. And reporting automation shows which numbers really matter.
When to consult a lawyer about your procedure
Some situations require individual assessment. If your brokerage agreement contains clauses requiring document copies — check whether that clause makes sense and whether it complies with current law. If you serve foreign tenants who don't have a PESEL number — make sure what identification data is required in such cases. If you run an office handling many transactions and have hundreds of folders with ID copies from previous years — consider consulting a DPO to determine whether and how this data can be organized.
The general rule is: changing the procedure to "show for inspection" is so simple and in line with GDPR spirit that it doesn't require specialized legal help. But if you have doubts about a specific case — it's better to ask than to act on gut feeling.
What you need to remember
The three most important things from this page: first, the right to process data from an identity document does NOT mean the right to copy it — UODO confirms this. Second, the data minimization principle requires you to collect only what's necessary — and for a rental agreement you basically need only name, address and contact. Third, changing the procedure to "show for inspection" is simple: one sentence to the client, train the team, and be consistent.
You don't need specialized tools or expensive systems to implement this. You need awareness and a moment to train. The result is less data, less liability, less risk.
Frequently asked questions
Do I need to keep a copy of the tenant's ID after signing the agreement?
No. According to the data minimization principle in Article 5 GDPR, data should be limited to what's necessary. A full ID copy contains information not needed to conclude and perform the rental agreement. It's enough that during signing you inspected the document, verified identity and wrote only necessary data into the agreement.
What if the brokerage agreement requires me to verify the client's identity?
Identity verification and storing document copies are two different things. You can verify identity by asking to show the document for inspection — you don't need to copy it. Verification means "I check that the person in front of me is who they claim to be," not "I keep a copy of this document for later."
Can I transcribe the ID number into the agreement without making a copy?
Yes, you can transcribe the ID number if it's actually needed to perform the agreement. But think about it: what is this number needed for in a rental agreement? In most cases, the agreement needs name, address and contact data — the ID number isn't required. If you don't need it in the agreement, don't transcribe it.
What to do with old ID copies I have in folders?
You don't need to destroy them forcibly, but from now on don't create new ones. Old documents were processed under the rules of that time. Sign new agreements according to the new procedure: show for inspection, write only necessary data, no copies.
Does the "show for inspection" rule also apply to foreign tenants?
The data minimization principle applies to everyone — regardless of citizenship. For people who don't have a Polish ID, you may need a different identity document, but the principle is the same: verify identity by showing the document, not by copying it.
Do I need the tenant's consent to process their data?
Entering into a rental agreement is itself a basis for data processing — you don't need separate consent to write identification data into the consent. Consent would only be needed if you processed data for a purpose unrelated to agreement performance. An ID copy is exactly such a case: you're processing data not needed for agreement performance, so you'd need consent — but simpler is not to collect it at all.
