Cloud PMS Realities – Part 3

Who Is Responsible for Data in a Cloud PMS?

Cloud PMS systems offer flexibility, remote access, and simplified operations. But beyond technology, one critical question must be addressed:

Who is legally responsible for guest data?

Guest identity records, contact details, payment information, and stay history are not just operational data. They are legally protected personal data.

Data Controller vs Data Processor

Under regulations such as GDPR — and in Turkey, KVKK (Personal Data Protection Law) — roles are clearly defined:

• The hotel is the data controller.
• The cloud PMS provider is the data processor.

This means the hotel determines why and how personal data is processed. The provider processes the data on behalf of the hotel.

However, the legal distinction does not always reflect operational reality.

Legal Responsibility Remains with the Hotel

Even if the data is stored in the provider’s infrastructure, the hotel remains legally responsible for:

• Ensuring lawful data processing
• Protecting personal data from breaches
• Responding to data access or deletion requests
• Maintaining compliance with applicable regulations

If a breach occurs, regulators will primarily hold the data controller accountable.

In other words, outsourcing infrastructure does not outsource responsibility.

Operational Control vs Legal Liability

Here lies the structural tension in many cloud PMS models:

• The provider controls the servers.
• The provider manages backups.
• The provider defines system architecture.
• The provider controls certain technical access levels.

Yet the hotel carries the legal liability.

This creates a critical governance question:

Can you truly manage risks if you do not fully control the infrastructure?

Beyond Responsibility: Governance and Risk

Responsibility is not only a legal term; it is a governance issue.

Before selecting a cloud PMS, hotels should evaluate:

• Data processing agreements (DPA)
• Backup and disaster recovery policies
• Data export and portability rights
• Audit transparency
• Sub-processor disclosures

If you are legally responsible, you must also be confident in how the data is handled.

Technology can be delegated.

Responsibility cannot.