Practical guide
How to Communicate Arrears While Respecting Privacy
Communicating arrears is a delicate balance between two legitimate needs: transparency towards owners who pay and protection of the personal data of those who are behind. On one hand, the meeting has the right to know the state of collections, because arrears affect the common cash and management decisions. On the other, the debtor owner has the right for their data not to be disclosed beyond what is necessary, under EU Regulation 2016/679. This guide explains what can be communicated and in which setting, how to present arrears in aggregate form, when it is lawful to state names and how to avoid exposures that can generate liability.
Checklist for communicating arrears
- Distinguish the aggregate figure from the personal data of the individual debtor
- Present overall arrears in reports and general communications
- Reserve names for the settings and recipients entitled to them
- Do not post lists of debtors in common areas or notice boards
- Limit data to what is necessary for management and recovery
- Record minutes at the meeting with the caution due to personal data
- Store arrears data with adequate security measures
Why arrears must be communicated
Arrears are not a private matter between the manager and the individual owner: they affect the common cash, the ability to pay suppliers and the meeting's decisions. That is why the trend of collections and the overall amount of arrears are information owners have the right to know in order to govern the management.
The statement itself, required by Article 1130-bis of the Italian Civil Code, states the receivables from owners, that is the sums due and not paid. Arrears are therefore a management figure that legitimately enters the accounts. The question is not whether to communicate them, but how to do so without turning management information into a disclosure harmful to personal data.
The aggregate figure is always communicable
The safest form of communicating arrears is the aggregate one. Stating the total amount not yet collected, the percentage of instalments collected against what was approved and the number of positions in delay informs the meeting about the trend of the management without exposing any identifying personal data.
The aggregate figure is therefore the ideal tool for periodic reports, general communications and summaries addressed to all owners. It mentions no names, links no amounts to persons and does not allow individuals to be traced. It is the way to give visibility on arrears while maintaining the confidentiality of individual data.
- Total amount of receivables from owners
- Instalment collection rate against what was approved
- Number of positions in delay without names
- Trend of arrears compared with previous periods
When names can be stated
There are situations in which knowledge of names serves management and recovery. At the meeting, for example, the discussion on credit recovery actions may require identifying the arrears positions, because the meeting must be able to decide consciously. In this setting the processing of data is justified by the management purpose.
The case of indiscriminate disclosure is different. Posting the list of debtors on a condominium notice board, in a hallway or in a space accessible to strangers is an unnecessary exposure that exceeds the management purpose and may constitute unlawful processing. The difference lies in the recipient: informing the owners entitled to it at the meeting is lawful, exposing the data to anyone is not.
The minimisation principle
The guiding criterion is data minimisation under EU Regulation 2016/679: processing only the data necessary to the purpose pursued. To govern the common cash the aggregate figure is often enough. To decide a recovery action the position must be identified. For daily management there is no need to disclose to other owners the exact amount owed by each debtor.
Applying minimisation means asking, before each communication, which information is truly necessary for that purpose and towards that recipient. This preliminary check avoids most problems: you communicate what is needed, to whom it is needed, in the appropriate setting, without superfluous exposures that add nothing to the management but increase the risk.
Managing arrears with adequate tools
Governing arrears transparently and respecting privacy is easier with tools that distinguish levels of visibility. Management software can show everyone the aggregate figure and reserve individual details to the manager and the entitled settings, applying profiled access.
AmministraPro lets you monitor collections, produce aggregate summaries on arrears and manage credit recovery while keeping personal data separate from shared data. On the /funzioni page you can see how accounting, credit recovery and the private area handle the different levels of access, while /prezzi describes the plans for a single manager or a firm.
Frequently asked questions
Can the manager post the list of debtors on the notice board?
No. Posting a named list of debtor owners on a notice board, in a hallway or in a space accessible even to strangers is an unnecessary exposure that exceeds the management purpose and may constitute unlawful processing of personal data under EU Regulation 2016/679. Arrears must be communicated in the appropriate settings and to the entitled recipients, not disclosed indiscriminately to anyone who may pass through the common areas.
Can debtor owners be named at the meeting?
At the meeting, knowledge of the arrears positions may serve the decisions, for example when a credit recovery action is resolved. The meeting must be able to decide consciously, so the processing of data is justified by the management purpose. Only the data necessary for that purpose should be processed, however, and recorded with due caution, avoiding superfluous details and remembering that the minutes will also be communicated to those absent.
Can an owner's arrears be stated in the annual statement?
The statement required by Article 1130-bis of the Italian Civil Code states the receivables from owners, that is the sums due and not paid, because they are an asset figure of the management. Reporting receivables is therefore lawful. The processing remains anchored to the management purpose and the entitled recipients, that is the owners, and does not authorise disclosing the data to parties outside the condominium body.
Can an owner ask who the other debtors are?
The owner has the right to know the state of the management, of which overall arrears are part, and to access the accounting documentation that underpins the statement, which reports the receivables from owners. Knowledge must, however, be exercised within the management purpose and respecting the minimisation principle. It does not translate into a right to disclose to third parties the personal data of other owners learned in this context.
How do you reconcile transparency and privacy on arrears?
The balance is found by applying the minimisation principle of EU Regulation 2016/679: communicate in aggregate form when the overall figure is enough, identify positions only when necessary for management or recovery, and always towards the entitled recipients. The aggregate figure serves reports and general communications, the individual figure stays reserved to the appropriate settings. Before each communication it is worth asking which information is truly necessary for that purpose.
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