Digital Disconnection in SMEs: Obligations and Internal Policy

What the right to digital disconnection is

Article 88 of the LOPDGDD and Law 10/2021 on remote work recognise workers' right not to attend work communications outside their working hours. It is a right the company must guarantee, including in SMEs.

The duty to have an internal policy

The law requires drafting an internal digital disconnection policy, after consulting the workers' representatives, defining how the right is exercised and the training and awareness actions. Not having one is a breach.

Respecting digital disconnection reduces psychosocial risk and improves talent retention.

How to apply it realistically

• Define time bands in which no response is expected.
• Avoid scheduling meetings or sending emails outside hours.
• Train managers to lead by example.
• Link the policy to the time record and flexible hours.

Relationship with time tracking

The time record helps define when work ends and therefore when disconnection begins. A clear clock-in supports compliance with the right and prevents hidden overtime.

With RegulaKit the time record evidences the end of work, making it easier to apply your disconnection policy. Organise the working day on our platform.

Conclusion

Digital disconnection is not just good practice: it requires a written internal policy. Linking it to time tracking makes it effective and cuts legal and health risks.