Digital Disconnection: A Legal Obligation That Many Companies Are Ignoring

The right to digital disconnection in the workplace is recognised in Spain by Article 88 of Organic Law 3/2018 on Data Protection (LOPDGDD — Ley Orgánica de Protección de Datos y Garantía de Derechos Digitales), which establishes it as a right of workers not to attend to professional digital communications outside their working hours. This right is complemented by Article 18 of Law 10/2021 on remote work, which requires companies with teleworking employees to develop an internal digital disconnection policy — negotiated with workers' representatives where they exist — delimiting working hours, authorised channels and technical supporting measures. Article 88 of the GDPR supports this right within the European framework, recognising Member States' competence to regulate it through legislation and collective bargaining. The absence of a policy or non-compliance may give rise to employment claims for unpaid overtime, Labour Inspectorate sanctions and psychosocial risk prevention contingencies.

Digital disconnection has moved from a theoretical debate about workplace wellbeing to a legally enforceable obligation with real financial consequences for companies that disregard it.

Why digital disconnection is no longer optional for Spanish companies

The massive expansion of telework from 2020 onwards highlighted a reality that many companies preferred to ignore: when work enters the home, the working day loses its boundaries. Employees respond to emails at eleven at night, attend to WhatsApp messages on Sundays and join video calls at times that exceed their contractual working hours.

The Spanish legislature responded with Law 10/2021 on remote work, which established the obligation for companies with teleworking employees to develop a formal digital disconnection policy. But three years after its entry into force, more than 60% of companies with teleworking employees still lack an adequate policy, either through lack of awareness or on the assumption that compliance is not a priority until the inspection arrives.

When the inspection arrives, it does not come alone. It brings with it the possibility of TRLISOS serious infraction sanctions, employment claims from employees who have been permanently reachable without compensation, and psychosocial risk contingencies if the risk assessment for the telework role does not include preventive measures against information overload and hyperconnectivity.

How we implement the digital disconnection policy in your company

Our process begins with a diagnostic of the actual position: what communication tools the company uses, at what times effective out-of-hours exchanges take place, what the applicable collective agreement provides, and what has been formalised to date. This diagnostic is necessary because the disconnection policy is not a generic document: it must be adapted to the sector, the type of working arrangement and the specific organisation of each company.

From the diagnostic, we draft the policy in accordance with Art. 18 of Law 10/2021: definition of working hours, authorised communication channels and timetables, differentiated treatment for genuine emergencies, managers’ obligations regarding the reachability of their teams, and technical supporting measures where the company has them available (out-of-hours auto-replies, scheduled notification blocking).

Where the company has legal workers’ representatives, we facilitate the consultation or collective bargaining process required by law. Where there are no representatives, the policy can be adopted as a company-wide rule of general application, with appropriate communication to all employees.

Integration with data protection obligations is relevant where the company monitors the use of corporate devices: the processing of data about employees’ out-of-hours activity has GDPR implications that must be managed jointly.

Regulatory framework: Law 10/2021, LOPDGDD and GDPR

The right to digital disconnection has a triple statutory basis in Spain:

Article 88 LOPDGDD (Organic Law 3/2018): establishes the general right to digital disconnection for all workers and public employees, regardless of whether they work remotely. Collective agreements or, in their absence, company agreements, are to establish the modalities of exercise of this right.

Article 18 of Law 10/2021 on remote work: for companies with remote workers (minimum 30% of working time), requires the development of an internal disconnection policy negotiated with workers’ representatives where they exist. This policy must be part of the telework agreement or a separate reference document.

Article 88 GDPR: supports the national regulation of the use of digital devices in the employment context, including the protection of privacy and the right to rest, recognising Member States’ competence to establish specific rules through legislation and collective bargaining.

The interaction between these three frameworks determines the specific obligations of each company, which vary according to the sector, the applicable collective agreement and the structure of working hours.

Digital disconnection and psychosocial risk prevention

Permanent hyperconnectivity is a recognised psychosocial risk factor that can give rise to occupational stress, burnout and anxiety disorders. The Occupational Risk Prevention Act requires companies to identify, assess and control all workplace risks, including psychosocial risks.

For telework roles, the risk assessment must specifically include the risks deriving from permanent connectivity: isolation, difficulty switching off, uncontrolled extension of working hours and difficulties in reconciling work and personal life. The digital disconnection policy is, in this context, not merely a formal compliance exercise but a preventive measure that reduces exposure to psychosocial risk.

Companies that integrate digital disconnection into their risk prevention system are in a considerably stronger position in the face of claims for work-related stress conditions, which are a growing source of litigation before the Social Courts.

Regulatory compliance obligations at a glance

This service is part of our employment law advisory practice.