Digital disconnection at work: regulations, cases and measures

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The right to disconnect has gone from being a somewhat vague concept to becoming one of the key issues in current labor law. The expansion of remote work, flexible hours, and the widespread use of smartphones, laptops, and instant messaging in business environments has led many people to feel that they are "always available" to their employer, even on vacation or in the early hours of the morning.

In this context, Spanish law has incorporated a genuine right to disconnect outside of working hours, linked to privacy, health, and work-life balance. It's not just about turning off your phone; it's about companies assuming specific obligations: setting clear rules, training their teams, preventing abuses, and designing a corporate culture that doesn't reward constant hyperconnectivity.

What exactly is digital disconnection in the workplace?

The so-called right to digital disconnection is the right of any worker to not connect to work-related technological devices or tools during their rest periods. This includes time outside of working hours, such as leave, vacations, or sick leave.

In practice, this right means that employees are not obligated to respond to emails, calls, video calls, WhatsApp messages, or messages from other professional messaging apps once their working hours have ended. It also means they can turn off or simply not check their company laptop, mobile phone, or internal applications when they are not actively working.

Digital disconnection also implies that the company must restrict the systematic sending of communications outside of working hours, except in justified cases (for example, genuine emergencies, scheduled on-call shifts, or critical service needs). The mere fact that the message repeatedly arrives in an employee's inbox can generate psychological pressure, even if no one requires an immediate response.

All of this takes on special relevance in teleworking or remote work scenarios , where the physical boundary between home and office disappears and remote desktop connections and other tools make it easier for working hours to become blurred. Therefore, the right to disconnect is key to protecting mental health, preventing burnout, and improving the work environment.

Legal framework for digital disconnection in Spain

Although the term “digital disconnection law” is often used, in Spain there is not a single law with that name, but rather a set of precepts spread across different laws that, together, recognize and develop this right.

Spanish Constitution: starting point

The constitutional basis is found in Article 18.1 of the Constitution, which guarantees the right to honor, personal and family privacy, and one's own image . This is further supported by Article 18.4, which obliges the legislature to limit the use of information technology precisely to protect this privacy and the exercise of fundamental rights.

Although the Constitution does not explicitly mention “digital disconnection,” this open framework allows it to be understood as a specific projection of privacy in the technological age . The drafters of the Constitution already anticipated in the 70s that new technologies could generate risks to people's private lives.

Workers' Statute and the right to digital privacy

In the strictly labor-related sphere, the Workers' Statute incorporates the right to disconnect in Article 20 bis, introduced by Organic Law 3/2018 . This provision recognizes workers' right to privacy in the use of digital devices provided by the company, the right to digital disconnection, and protection against video surveillance and geolocation.

This article serves as a link between traditional labor regulations (working hours, breaks, holidays) and new digital realities. It does not detail the content of the right, but refers to what is established by data protection legislation and its development through collective bargaining.

LOPDGDD: Article 88 as the cornerstone of digital disconnection

The law that most specifically addresses the right to digital disconnection is Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). Article 88 establishes that workers and public employees have the right to digital disconnection to guarantee, outside of legal or agreed working hours, respect for their rest periods, leave, holidays, and their personal and family life.

This article indicates that the way in which this right is exercised must be adapted to the nature of the employment relationship , promoting the reconciliation between work and personal life, and subject to what is said in collective bargaining or, failing that, to what is agreed between the company and the workers' representatives.

Furthermore, it imposes a clear obligation on the employer: after consulting with the legal representatives of the workforce, the company must develop an internal digital disconnection policy for all employees, including managers. This policy must define how the right to disconnect can be exercised and outline training and awareness initiatives on the responsible use of technology to prevent digital fatigue.

The LOPDGDD (Organic Law on the Protection of Personal Data and Guarantee of Digital Rights) emphasizes that this right must be preserved, especially in cases of remote work or when working from home using company technology. The hyperconnectivity associated with teleworking requires enhanced protection.

Law 10/2021 on remote work

Law 10/2021 on remote work adds another layer by requiring that, when working remotely, specific measures be agreed upon to guarantee digital disconnection. This makes the right a central element of any teleworking agreement, not just a formality.

The rule reinforces the idea that remote workers should not be more exposed than on-site workers to off-hours communications, and that the company has a duty to respect and enforce this separation between work and private life.

The obligation of internal policy of digital disconnection

The combination of the LOPDGDD, the Workers' Statute and the Remote Work Law conveys a clear message: all companies, regardless of their size or sector , must have some type of digital disconnection policy.

This policy requires, at a minimum, that the employer: limit the use of technological means to the maximum duration of the working day; consult with the workers' representatives before implementing it; offer training and awareness on the responsible use of ICT and organize the working day in a way that is compatible with breaks, also relying on the mandatory time registration since 2019.

Who has the right to digital disconnection and who forces it

In Spain, the right to digital disconnection is generally recognized for all employees, regardless of company size. There is no minimum workforce threshold, unlike in other European countries where the obligation is triggered above a certain number of employees.

Doctrine and practice have also extended this right to groups such as dependent self-employed or company members when their relationship with the organization is similar to that of employees and they are subject to similar hyperconnectivity dynamics.

The focus is particularly on those who work remotely or in highly digitized environments , as they are the most exposed to the continuous blurring of work and personal life. However, the obligation to protect the right to disconnect falls on all companies and organizations, both public and private.

Business obligations related to digital disconnection

The right to disconnect has two sides: it's an individual right of the worker , but at the same time, it translates into a set of very specific obligations for the employer. It's not enough to simply say "you can turn off your phone"; work must be organized in a coherent way.

Among the main responsibilities that any company must assume, the following stand out:

• Develop an internal policy of digital disconnection, after prior consultation with the legal representation of the workers.
• Establish clear operational measures to encourage disconnection: email sending schedules, prohibition of meetings at certain times, etc.
• Define the availability rules in those positions that require on-call duty, emergencies or availability bonuses, limiting times and compensation.
• Develop training and awareness-raising activities aimed at the entire staff, with special attention to managers and executives.
• Use the time record and other working time control systems to detect excesses and correct abusive practices.

The Labor Inspectorate does not yet have a specific sanctioning regime just for digital disconnection, but non-compliance with these obligations may fall under several infractions : violation of working hours and rest limits, non-compliance with occupational risk prevention regulations (due to psychosocial risk), injuries to privacy or professional dignity, among others.

The impact of hyperconnectivity on health and why disconnecting matters

Constant exposure to emails, chats, video calls, and notifications isn't just an occasional annoyance: overconnectivity , or the downsides of technology, has been shown to negatively impact health. Organizations specializing in occupational risk prevention warn of effects on mental, cardiovascular, and musculoskeletal health.

Among the main risks associated with a lack of disconnection are chronic stress, anxiety, insomnia , burnout syndrome, muscle pain from prolonged poor posture in front of screens, and concentration problems resulting from constant multitasking.

Digital disconnection helps guarantee the right to daily and weekly rest , work-life balance, and effective protection of occupational safety and health. It allows individuals to recharge, connect with others outside of work, and perform better during the workday.

Therefore, training and awareness campaigns within the company are essential. All staff, but especially managers and middle management, must understand the risks of hyperconnectivity and learn to manage emails, meetings, and messages without encroaching on their teams' personal time.

Digital disconnection and jurisprudence: what the courts say

Since the LOPDGDD formally recognized the right to digital disconnection, Spanish courts have been defining its scope in specific cases. Although there is still not a large number of rulings , some important criteria have been established regarding how this right is interpreted.

The famous ENAIRE case and online courses

One of the most discussed rulings is the judgment of the High Court of Justice of Madrid of November 4, 2020, which analyzes the case of an air traffic controller sanctioned for failing to complete a mandatory online training course. The public company ENAIRE required him to complete two hours of training on a digital platform within a generous timeframe, without altering his on-site work schedule.

The employee repeatedly refused to take the course during his rest periods, claiming it violated his right to digital disconnection, and demanded it be included as scheduled aeronautical activity time. He ultimately completed it after the deadline, and the company imposed a sanction for serious insubordination.

Initially, a Social Court declared the sanction null and void, finding a violation of the right to privacy and the right to digital disconnection . However, the High Court of Justice of Madrid overturned this decision: it held that, since the course was counted as effective working time under the collective agreement, the right to disconnection was not applicable, as this right only applies during rest periods, not during working hours.

The court emphasized that the right to digital disconnection cannot be used as an excuse to refuse to perform tasks that are part of the workday, even if they are carried out online. Any issues with the distribution of working hours and breaks are a matter of ordinary legality, not a violation of a fundamental right.

The ruling also highlighted that the company had granted ample time to complete the two hours of training, that most colleagues had completed the course without conflict, and that the worker's resistance centered on the fact that the course was not included in the aeronautical activity plan, not on a genuine inability to respect his rest periods.

Other key rulings on the exercise and non-exercise of the right

Beyond the ENAIRE case, other courts have been defining the contours of the right to disconnect:

• TSJ of Galicia (23-11-2022)It considers that sending a few WhatsApp messages outside of working hours does not violate the right to disconnect when communication is infrequent, immediate responses are not required, and there is no obligation to remain in the group. In other words, the context and intensity of the communication matter.
• Madrid High Court of Justice (17-07-2023)In the case of employees who receive an availability bonus, it is understood that this supplement compensates them for the possibility of being called in outside of their initially scheduled hours. In these situations, the right to disconnect is qualified by the agreed and remunerated availability obligations.
• TSJ of Galicia (04-03-2024)The court declared a violation of the right to disconnect and data protection when a worker, a member of a union branch, had expressly requested that communications be limited to his working hours, and the company continued to contact him outside of working hours without adequate information regarding the processing of his data. Compensation for moral damages was awarded, albeit moderately.
• Madrid High Court of Justice (21-11-2022): considers a disciplinary dismissal based on non-compliance with an order transmitted by email sent during the worker's vacation to be improper, precisely because it violates the right to disconnect.

Furthermore, several rulings by High Courts of Justice (such as those of Madrid and Catalonia) have emphasized that the right to disconnect is not enshrined as a fundamental right in the Constitution, but rather as part of the principles of social and economic policy (Article 40.2 of the Spanish Constitution). Therefore, its violation does not automatically entail compensation for moral damages, unless it is accompanied by the infringement of a fundamental right (privacy, equality, etc.).

Participation of the legal representatives of the workers

The National Court has also had the opportunity to rule on the role of employee representatives in defining this right. In a judgment dated March 22, 2022, the Court reiterated that, although no right is absolute and there may be limits or exceptions, these cannot be unilaterally established by the company, but must be agreed upon through collective bargaining or agreements with employee representatives, as stipulated in Article 88 of the LOPDGDD (Organic Law on the Protection of Personal Data and Guarantee of Digital Rights).

In another ruling dated April 25, 2024, the same Court distinguishes between the company's internal disconnection policy (which it can develop after consulting with employee representatives) and the regulation of the specific exercise of this right (which falls under collective bargaining or specific agreements). This distinction is key to understanding the extent of the employer's organizational authority.

How to implement an effective digital disconnection policy

Designing a good digital disconnection policy is not simply a matter of drafting a document and filing it away. It requires a prior analysis of the company's reality, its schedules, its technological usage , and the workload of each group of employees.

Before approving the policy, it is advisable to review the effective compliance with regulations on working hours and breaks, the time registration system, psychosocial risk assessments, the frequency with which emails are sent outside of working hours and the particularities of positions with greater demands for flexibility or availability.

A well-made policy should include, at a minimum:

• The express guarantee of respect for the regulations on working hoursdaily rest, weekly rest, permits and holidays.
• A clear definition of the disconnection options according to positions and work arrangements: managers, middle managers, staff with on-call duties, teleworkers, etc.
• Specific measures to promote the right: training on the responsible use of ICTsRecommendations to not send emails outside of business hours except in emergencies, technical blocking of certain tools during rest periods if feasible, prohibition of scheduling meetings on weekends or holidays, etc.
• Detailed regulation of the unavoidable exceptionsHow and who can be contacted in case of emergencies, on-call staff, security breachescritical incidents, and how those availability times are compensated.
• procedures monitoring and review of the policy, to introduce improvements based on its actual practice, complaints received or time registration data.

In companies with legal representation of workers, it is mandatory to carry out the prior consultation process, and although the law does not always require a formal agreement, it is highly recommended to reach one in order to give greater legitimacy to the policy and reduce future conflicts.

Practical measures to promote digital disconnection in the company

Beyond the letter of the law, digital disconnection is a daily reality within organizations. Some very useful and increasingly common measures are the following:

1. Strict timekeeping and monitoring of overtime

A reliable timekeeping system allows you to know if communications or tasks are being carried out outside of working hours . Regularly reviewing these records helps to identify teams or individuals under excessive workload, analyze the causes, and implement corrective measures, such as increasing staff, redistributing tasks, or adjusting schedules.

2. Culture of efficiency versus presenteeism

The company must commit to a culture based on results and productivity , not on the number of hours spent online or how quickly an email is answered at ten o'clock at night. If managers reward those who are always available, the policy of disconnecting will be meaningless.

3. Well-designed flexibility and clear objectives

Flexible working hours and results-oriented work can be powerful allies for work-life balance if managed well. Allowing staff to adjust their schedules within certain limits helps everyone organize their time more efficiently , provided that working hours are clearly defined and the right to disconnect is respected.

4. Training on the use of technological tools

Providing specific training on the proper use of devices, messaging platforms, corporate email, and video conferencing is key for employees to understand when and how to use digital channels without encroaching on their personal time. It also raises awareness about the consequences of hyperconnectivity and teaches strategies for limiting notifications, organizing email, and establishing healthy communication guidelines.

5. Mail and calls during working hours

Restricting the sending and receiving of work emails, calls, or messages outside of work hours helps reduce stress and dissatisfaction . Many companies set recommended times for sending emails, limit meetings to specific times of day, or even schedule emails to arrive during the recipient's working hours.

When these guidelines are respected, the quality of life of the workforce improves and, paradoxically, so does productivity and talent retention : less absenteeism, fewer stress-related absences, greater motivation and a better work environment.

The right to disconnect has become a central element of modern employment: it protects health, strengthens privacy, and helps companies function more efficiently. Its legal and jurisprudential development still has room for improvement, and collective bargaining plays a crucial role, but no one doubts that the 24/7 hyperconnected work model is unsustainable. Truly committing to this right means reviewing schedules, workloads, leadership styles, and availability expectations so that people can close their laptops or silence their phones and simply live their lives outside of work.