What is the digital disconnect?

Digital disconnection has become a basic right for workers at a time when the widespread use of smartphones, tablets and laptops makes it easier than ever before to communicate outside the working day.

In contrast to this technological potential, the right to digital disconnection wants to guarantee, precisely, respect for rest time. In DATA and SERVICES we explain what this right consists of.

What is the digital disconnect?

Digital disconnection is considered the limitation in the use of communication technologies outside working hours, in order to guarantee respect for rest time, permits, holidays or sick leave.

What regulations regulate the right to digital disconnection?

In Spain, the right to digital disconnection is regulated in article 88 of Organic Law 3/2018, Protection of Personal Data and guarantee of digital rights; in article 20 bis of the Workers' Statute and in Law 10 /2021, of July 9, on remote work.

According to article 18 of this last Law, companies must guarantee disconnection by limiting the use of technological means during rest periods. In addition, the regulation clarifies that companies have the duty to preserve the right to digital disconnection in cases of total or partial remote work, as well as at the employee's home.

According to the Workers' Statute, employees have the right to privacy in the use of digital devices made available to them by the employer, to digital disconnection and to privacy when using video surveillance and geolocation devices in the terms established in current legislation on the protection of personal data and the guarantee of digital rights. Therefore, the importance of protecting the worker's privacy while guaranteeing rest is emphasized.

Who has the right to digital disconnection?

  Any employee has the right not to connect using any professional device or company software during their rest or vacation periods. In addition, outside of working hours, the worker may not answer calls, video calls, messages or emails. The right to turn off work devices after the end of the working day is thus recognized.

What are the benefits of digital disconnection?

Beyond its configuration as an employee right, digital disconnection also brings benefits for the company such as promoting productivity, retaining talent and ensuring the physical and mental health of the team.

Sanctions to companies

Violating the right to digital disconnection is a breach of labor regulations by the company. It can amount to a serious infringement with a penalty between 625 and 6,250 euros. If the employer repeats the offense and is persistent, the infringement can become very serious and would be between 6,251 and 187,215 euros. If the infringement is serious in terms of occupational risk prevention, the penalty could reach 49,180 euros and if there was workplace harassment or cyber-harassment of the worker, the fine could reach up to 225,018 euros.

If you need more information, do not hesitate to contact DATA and SERVICES .