What the FDPIC leaflet says
| Question | Position of the FDPIC (leaflet updated 15 July 2025) |
|---|---|
| May they call without telling me? | No. Asking third parties without the applicant's knowledge goes against good faith. |
| Do I have to agree in writing? | No. Explicit consent is not needed, but the form or the privacy notice must make clear that the contact details of your employer or landlord can be used for a reference. |
| Must I name a reference? | Naming a reference must be voluntary. |
| When may they call? | When you are seriously in question as tenant. Collecting references on every applicant is not permitted. |
| Whom may they call? | The persons you listed in the section for references. |
| What may they ask? | Whether the details you gave are correct. |
| May the form ask for my employer? | Yes, job and employer of the persons who sign the lease. Not of people who do not sign. |
The leaflet describes two steps. Applicants fill in the form, the landlord selects, and references from employers or former landlords are collected at the second step, from the selected candidates. Proof of income, such as a salary certificate or payslips, can be asked of the selected applicant once the contract becomes concrete. The base is Art. 6 DSG: personal data must be processed in good faith and in a proportionate way.
The leaflet is also frank about practice: whoever refuses information lowers their chances.
What to do
- Choose your references yourself. A current or former landlord, and a line manager or HR.
- Warn them. Say that a call may come and for which flat.
- List them in the reference section. Name people who know about it.
- Ask when a form is unclear. If a landlord contact is a mandatory field with no explanation, the FDPIC sees no valid consent.
- Say so if your employer should not be called. Offer payslips at the later stage.
On aptari
- Tenant Passport. Your references sit in the dossier next to ID, salary certificate and debt extract. You name them once, yourself.
- Dossier link. You see when it is opened. Documents open only after the advertiser confirms a work email, for every checked agency or only for agencies that shortlist you, as you choose.
This is general information, not legal advice.