What are workers' rights to digital disconnection?

Digital transformation has made mobile devices and remote work central to the workplace. This has led to a growing dependence on technology, which, without clear boundaries, can erode well-being, productivity, and work-life balance.

The right to digital disconnection , recognized in Spanish legislation, represents a significant step forward in the defense of these fundamental rights.

Below, from the perspective of business owners and entrepreneurs, we take an in-depth look at what it consists of, its regulations, benefits, and how to effectively implement it in your organization.

What is the right to digital disconnection?

This right means that employees are not required to respond to work-related requests (emails, messages, calls, etc.) outside of their working hours , breaks, vacations, or leave. Its purpose is to respect workers' rest, privacy, and mental and emotional health, avoiding the stress associated with hyperconnectivity.

Even in hybrid or remote work models, where the lines between home and office blur, employees should enjoy a space free from digital obligations.

Legal framework: Where is it regulated?

The right to digital disconnection is found in several key standards:

• Organic Law 3/2018 (LOPDGDD) , article 88: recognizes the right to disconnect, obliges the employer to negotiate internal policies with employee representatives and implement training for responsible use of technologies.
• Workers' Statute, Article 20 bis: incorporates this right into the consolidated text, including protection against the abusive use of digital devices.
• Spanish Constitution, Article 18.4: protects the right to privacy and limits the use of personal information through information technology.

These regulations require companies to establish a clear protocol that determines contact limits outside of working hours.

Benefits for the company

• Better health and well-being: Protecting sleep reduces the risk of burnout and psycho-emotional problems.
• Increased productivity: Well-rested employees are more efficient, creative, and motivated.
• Improved reputation and retention: A culture that respects disconnection is attractive to talent.
• Legal risk reduction: Having robust protocols reduces the risk of penalties (< = 6,250 per violation).

Obligations and measures to be implemented

All companies must develop a policy in which:

• The modalities for exercising the right to disconnect for all workers, including managers, are defined.
• Staff training and awareness-raising measures should be included regarding the reasonable use of technological tools to avoid the risk of computer fatigue; in particular, the right to digital disconnection must be preserved in cases of full or partial remote work, as well as in the home of employees linked to the use of technological tools for work purposes.
• The specific configuration of the law therefore allows a wide margin of decision to employers, who can choose:
  • The regulatory instrument through which they regulate it (internal communications, ethical codes, policies, collective agreement, protocols...).
  • The technical, preventive, or conciliatory measures by which the right will be enforced and the content and scope of training in the matter.
• Employee representatives have the right to issue a non-binding report on the disconnection policy within 15 days. Failure to do so may constitute a serious violation.

Recommendations for business owners and entrepreneurs

• Define roles and responsibilities: delegate to human resources and direct monitoring of policy compliance.
• Review regularly: Adapt the policy based on changes in staffing, technology, or regulations.
• Communicate transparency: Explain the purpose, benefits, and rules of the policy to your team.

Ultimately, the right to digital disconnection is not a fad, but a legal requirement and a smart business practice.