Digital Disconnection: The Right Your Company Must Guarantee
It is 10 PM on a Tuesday. Your boss sends an email marked "URGENT." Are you obligated to respond? According to Spanish law, no. But for that right to be effective, your company must have a digital disconnection policy. Most companies do not.
What does the law say?
The right is recognized in Article 88 of the LOPDGDD and Article 18 of Law 10/2021 on remote work. Workers have the right not to respond to work communications outside their working hours. Companies must develop an internal policy.
The connection with time tracking
If your system shows an employee finished at 18:00 but they are answering emails at 22:00, there is a problem. A good time tracking system helps detect these situations.
Conclusion
Digital disconnection is not a suggestion, it is a right. Create an internal policy, communicate it and ensure compliance.
Frequently Asked Questions
What is the right to digital disconnection?
The workers right not to attend to work communications outside working hours, recognised in article 88 of the LOPDGDD.
Must the company have a disconnection policy?
Yes, drafted after consulting employee representatives. It must define schedules and exceptions.
What if the company breaches the right to disconnect?
The worker can report it to the Inspectorate. Penalties fall under serious infringements (€626 to €7,500).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information may not be complete, accurate or up to date. For specific legal matters related to your company, always consult a qualified labor law professional or your employment advisor.