{"id":2263,"date":"2023-08-02T11:58:00","date_gmt":"2023-08-02T09:58:00","guid":{"rendered":"https:\/\/delaguialuzon.com\/?p=2263"},"modified":"2025-11-20T17:35:43","modified_gmt":"2025-11-20T16:35:43","slug":"right-to-digital-disconnection-and-holidays","status":"publish","type":"post","link":"https:\/\/delaguialuzon.com\/en\/blog\/right-to-digital-disconnection-and-holidays\/","title":{"rendered":"Right to digital disconnection and holidays: Spanish employment law explained"},"content":{"rendered":"\t\t
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In recent years, Spanish employment law<\/strong> has increasingly focused on protecting workers’ rights in the digital era.<\/p>

One of the most significant developments is the introduction of regulations giving workers the right to disconnect<\/strong> from their workplace.\u00a0<\/p>

This policy ensures that employees have the right to disconnect<\/strong> from work-related communications outside of working hours, thereby safeguarding their personal time<\/strong> and well-being<\/strong>.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Key regulations in Spanish employment law regarding digital disconnection<\/h2>\n

The right to digital disconnection<\/strong> is enshrined in Spanish employment law<\/strong> through several legal frameworks.<\/p>\n

The foundation of this right can be found in Organic Law 3\/2018<\/strong>, of 5 December<\/strong>, which addresses Personal Data Protection<\/strong> and guarantees digital rights<\/a>.<\/p>\n

Additionally, Article 20 bis of Royal Legislative Decree 2\/2015<\/strong>, part of the Revised Text of the Workers’ Statute<\/strong>, specifically grants workers the right to privacy in their use of digital devices provided by employers.<\/p>\n

This includes the right to disconnect<\/strong> and privacy from video surveillance and geolocation, as stipulated by current legislation on data protection<\/strong> and digital rights<\/strong>.<\/p>\n

Moreover, Law 10\/2021, of 9 July<\/a>, further reinforces these protections by regulating remote work<\/strong>.<\/p>\n

This law limits the use of technological means during rest periods and ensures that employees working remotely<\/a> or partially from home are entitled to digital disconnection<\/strong>.<\/p>\n

This regulation is crucial in preventing work from encroaching on employees’ personal lives, particularly in the context of increased remote work arrangements<\/a>.<\/p>\n

Penalties for non-compliance with digital disconnection policies<\/h2>\n

Non-compliance with giving workers the right to disconnect<\/strong>\u00a0can result in significant penalties in Spain.\u00a0<\/p>\n

According to Spanish employment law<\/strong>, the Labour Inspectorate<\/strong> can impose various fines depending on the severity of the violation:<\/p>\n