360 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY CONCLUSIONS It is clear that Smart Tourism is becoming an important phenomenon, aimed at enhanced tourism experiences, and increasing competitiveness, already based on AI. However, the processing of personal data in the context of STD using algorithm-driven techniques can cause serious privacy concerns, especially relating to the wide-ranging electronic surveillance, including geolocation, and to the profiling of travelers. In any case, GDPR and e-Privacy compliance are mandatory in any activity concerning personal data. Article. 5 of the General Data Protection Regulation (GDPR) points out the basic principles that has to be respected for processing of personal data. Lawfullness, fairness, transparency, purpose limitation, data minimisation, accurate and up-to date processing, storage limitation. In every situation, the right to privacy and data protection has to be balance with the opposite interest in question: tourism; health; public interest; freedom of speech and so on. Moreover, it has to be considered that it is an interest of entities working within STD to be compliant with the GDPR since infringement or non-compliance with the GDPR may lead to fines up to 20 million euros or 4% of the worldwide annual revenue of the prior financial year, whichever is higher, as provided within article 83, n. 6, GDPR. For sure, the implementation of technology in the field of tourism is the new challenge for the tourism sector and leisure industries and the new tool to create the tourism of the future, today more than ever. Another certainty is that the solutions and the strategies that emerge will have to be applied in similar pandemic situations. Tourism cannot be stopped but has to live with situations similar to the one we are experiencing and it is one of the tasks of legal operators to cooperate in order to find new possible solutions.
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