Digital disconnection during holidays: How to guarantee the right to rest in your company | GM INTEGRA HR

What does the law say about digital disconnection?

Since the enforcement of Spain’s Organic Law 3/2018 on Data Protection and the Guarantee of Digital Rights, employees have the explicit right to disconnect once their working day ends.

This right extends to rest periods and vacations, during which employers must not expect availability, unless in clearly justified and exceptional situations.

Moreover, this right must be regulated through negotiation and reflected in a clear internal policy that includes training and awareness across all teams.

Why digital disconnection during holidays is not optional

Respecting this right isn’t just about legal compliance:

Improves work climate and reduces stress
Strengthens trust in the organization
Prevents psychosocial risks and supports mental health
Reduces errors caused by overload or fatigue

A well-disconnected employee comes back better.

How can HR ensure effective digital disconnection during summer?

1️⃣ Plan ahead:
Avoid last-minute urgencies by organizing key tasks before holiday periods.

2️⃣ Define clear substitutions and responsibilities:
Assign roles and ensure everyone knows who handles what during absences.

3️⃣ Communicate the disconnection policy clearly:
Remind the entire workforce before summer break. Internal communication is essential.

4️⃣ Train managers and leadership teams:
They are the frontline in ensuring this right is respected daily.

5️⃣ Promote responsible use of digital channels:
Avoid normalizing after-hours messages. HR should lead by example.

What if digital disconnection is not respected?

Failing to guarantee digital disconnection may constitute a legal breach, leading to fines or complaints for violation of labor rights.

In the event of a dispute, the company must prove it has proper internal policies and has taken concrete action to safeguard this right.