In Spain, the right to digital disconnection is legally recognized, and all companies must guarantee it, although not all are required to have a formal written protocol. This right is established in Organic Law 3/2018 (LOPDGDD) and the Workers’ Statute.
What does the law say?
Article 88 of the LOPDGDD states:
“Employees and public workers shall have the right to digital disconnection outside of working hours under the terms set out in collective bargaining agreements or company agreements.”
Additionally, in cases of remote work, Law 10/2021 requires that digital disconnection be regulated in individual teleworking agreements.
Is a written protocol mandatory?
It depends on the type of company and its internal structure.
A formal protocol is mandatory:
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If the company has legal representation of employees (committees, union delegates).
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If the applicable collective agreement requires it.
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If remote work is implemented in the organization (Law 10/2021).
It is not mandatory, but highly recommended:
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In SMEs without legal representation or a binding collective agreement.
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In companies without remote work or specific legal requirements.
In all cases, the right must be respected and applied.
What should a good digital disconnection protocol include?
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Defined availability and rest periods.
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Rules on the use of email, WhatsApp, or calls outside working hours.
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Awareness and internal training actions.
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Communication channels to report abuse or poor practices.
Risks of non-compliance:
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Fines from the Labour Inspectorate.
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Labour disputes or lawsuits.
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Loss of internal trust and deterioration of the work environment.
In summary:
| Situation | Is a written protocol mandatory? | Must the right be guaranteed? |
|---|---|---|
| Company with union representation | ✅ Yes | ✅ Yes |
| Collective agreement requires it | ✅ Yes | ✅ Yes |
| Remote work (Law 10/2021) | ✅ Yes (in the agreement) | ✅ Yes |
| SME without union reps or agreement | ❌ No | ✅ Yes |
At GM Integra RRHH, we help implement digital disconnection policies and protocols that comply with regulations, while also adapting to the specific reality of each company.
You can contact us:
By email: comunicación@gmintegrarrhh.com
Call us at: +34 93 872 69 44
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