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Right to digital disconnection in Spain

Published by Thomás de Carranza Abogados at 05/11/2018

The Organic Law on Data Protection and Guarantee of Digital Rights in draft format, assumes that workers and public employees in Spain will have the right to digital disconnection in order to ensure, outside of working time legally or conventionally established, respect for their rest time, leave and holidays, as well as their personal and family privacy.

The intention is to strengthen the right to the conciliation of work activity and personal and family life and shall be subject to the provisions of collective bargaining or, failing that, to what has been agreed between the company and the workers’ representatives.

The employer, after hearing the workers’ representatives, shall draw up an internal policy aimed at workers, including those occupying managerial positions, which regulates the right to disconnection for both workers and management personnel, as well as the use by employees of electronic devices. Companies should also carry out training and staff awareness campaigns on the reasonable use of technological tools.

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