For a restaurant to ask for a credit card to secure a reservation or even to charge an amount in advance is a completely legal practice. "The only weak point would be that the restaurant had not informed in advance and clearly of the fact that, if necessary, a charge will be made", explains Albert Agustinoy, lawyer and partner of the Cuatrecasas law firm.
But how long can the restaurant keep our card data? "Once the reservation time has passed, that is when we have finished eating, or after taking charge of the situation if we have not shown up, it no longer makes sense for the restaurant to keep this information," says Agustinoy . "This is not the same as what happens when we open a profile on Amazon, in which there is a relationship of continuity, which does justify saving the numbering of a means of payment", he adds.
On the other hand, online restaurant reservations grew by 16% in 2022 compared to 2021 and 24% compared to 2019, just before the pandemic. The ease and comfort, both for users and for the businesses themselves, means that this method of getting a table in the restaurant - and to cancel it - is growing rapidly and there are even places where it is already the only one way to book
Over the last few years, several computer solutions have appeared that have greatly facilitated the entire reservation management process and have led to this increase in online reservations.
But these systems collect a range of data, such as our phone, email and name. In addition, restaurants sometimes ask diners if they suffer from food allergies or intolerances. If we add the day of the visit or visits, what the customer spent on each visit and even what each customer ate, all this information can end up shaping a very juicy database for business purposes and for make a profile
"Restaurants cannot keep any of this data. Only commercial information and always minimizing sensitive information such as that of a means of payment", claims Agustinoy. "In fact, they can only ask, without obtaining consent, the information necessary to manage the reservation. In other words, they can ask for your phone number and email so that they can call you if they see that you are arriving late or to notify you in case the restaurant has had a setback that prevents it from serving you. And they can only keep them - he insists - as long as it makes sense to offer the service", he adds.
"If a restaurant wanted to use this information for another purpose, for example giving or selling the data of the customers who spend the most to a high-end car brand, this must be clearly specified - which does not necessarily imply that be legal – and must obtain the express consent of the clients", explains Agustinoy.
Santi Colominas, owner of the restaurant Toc al Mar (Begur), explains that before the reservation process was computerized "I had four people dedicated to this task. Now I only have one. In any case, we still accept phone reservations and answer the phone to deal with cancellations.
Some of these applications even allow you to blacklist customers who are automatically denied a reservation even if there are tables available for the day and time they request it. Some restaurateur whom we have consulted, and who has preferred not to appear, has admitted that he uses it and that he has nearly 200 people there.
"Ours even notifies us if a customer has reserved for the same service in another restaurant. There are people who book at three different places and at the last minute decide where to go", says Lluís Bernils, of El Celler de Matadepera, who at the moment still accepts reservations by phone.
