Since the pandemic, remote working has become increasingly popular in technology-related jobs. This widespread adoption left certain legal loopholes that could be detrimental to workers, so governments around the world set to work to incorporate measures relating to remote working into their labour legislation.
This is how the digital disconnection law came about, which in Spain is limited to the Article 88 of the Data Protection Act (LOPD), published as Organic Law 3/2018. We define ‘digital disconnection’ as the right of workers not to use work equipment during their free time and not to receive any form of communication from the company during this period.
In short, the right to digital disconnection is a right that ensures workers’ rest is respected in the digital sphere, regardless of whether or not they are physically present at their workplace.
The aim of the Digital Disconnection Act is to improve work-life balance, as well as preventing mental strain on the worker.
What is ‘digital detox’?
By ‘rest’, we mean what is stipulated in the Workers’ Statute, that is to say, it is the period during which a worker is required by law not to carry out any work for their employer.
So, let’s start from the premise that no worker can exceed the 40 hours of actual work per week. After doing the maths, we worked out that a worker is entitled to 128 hours’ rest per week and, consequently, to digital disconnection. We assume that digital disconnection extends to each employee’s holidays and sick leave.
By law, digital disconnection must also be respected in the stipulated daily rest period between shifts (at least 12 hours), the pauses (at least 15 minutes), amongst others permits and licences applicable.
Article 88 of the Data Protection Act
This article on the right to digital disconnection in the workplace reads as follows:
Workers and public-sector employees shall have the right to digital disconnection in order to ensure that, outside their statutory or contractually agreed working hours, their rest periods, leave and holidays are respected, as well as their personal and family privacy.
(…) In particular, the right to digital disconnection shall be safeguarded in cases where work is carried out wholly or partly remotely, as well as at the employee’s home where technological tools are used for work purposes.
This text therefore urges companies to draw a clear line between work and leisure time in the virtual environment, particularly for those working in a hybrid arrangement or fully remote. That said, this right also applies equally to workers in the workplace.
In this way, indirect emphasis is placed on the employee’s mental health and their right to completely disconnect from work during their rest and leisure time, so that no work-related matters come between the employee and their free time.
Companies’ obligations under the Digital Disconnection Act
Furthermore, the article also stipulates that:
The employer, after consulting with the workers’ representatives, shall draw up an internal policy aimed at workers (…) setting out the procedures for exercising the right to disconnect, as well as training and awareness-raising initiatives for staff on the reasonable use of technological tools (…).
The legislation therefore also encourages the company to, in its internal policies, explicitly recognise their employees’ right to digital disconnection. It also emphasises the technology training of workers in this regard.
The benefits of going offline
This Digital Disconnection Act grants a range of rights to workers, particularly those working in a hybrid arrangement or under the 100% remote working scheme:
- Improves physical and mental health: By disconnecting from electronic devices, stress is reduced and the body and mind are allowed to rest properly, which contributes to better overall health.
- Promotes emotional balance: Boundaries are established between work and personal life, thereby reducing the sense of overwhelm felt by employees and promoting a more balanced and stable emotional state.
- Boost job satisfaction: Employees find it easier to switch off and enjoy their free time without worrying about work. It is a way of avoiding what is known as work-related burnout.
- Boosts motivation at work: The more rest you get, the more motivation and energy you’ll have to tackle the most demanding tasks at work with renewed enthusiasm.
- It helps to achieve a better work-life balance: Thanks to being completely offline, you have more time to spend with your family and on other personal activities.
- Reduces technological dependence: If we set guidelines for the restricted use of technology, we also become less dependent on it as workers, so going offline would encourage the healthy use of electronic devices.
Fines for breaching the Digital Disconnection Act
If a company breaches this digital disconnection law, it would be committing a serious offence under the Law on Offences and Penalties in the Social Sphere, meaning the company could face a a fine of up to €7,000.
A breach of the right to digital disconnection is easily demonstrable, as the employee simply needs to attach screenshots of, for example, emails or chat messages sent at inappropriate times by the company.
Measures to tackle the digital divide
At Euroinnova, we have the perfect formula to help companies ensure their staff can switch off from work:
- Establish appropriate internal policies: As required by law, the company must draw up and communicate internal policies setting out clear limits on the use of electronic devices outside working hours.
- To provide training and raise awareness: As part of its training programmes, the company may include awareness-raising sessions on the importance of taking a digital break and the risks associated with excessive use of electronic devices.
- Leading by example from the top: Company leaders and managers can set an example by practising digital disconnection and respecting the established boundaries.
- Offer incentives: There are certain incentives beyond financial rewards that can help employees switch off completely from work: extra days off, subsidies for sports or the gym, after-work activities, etc.
- Flexibility: Some very modern companies, such as those Big Tech, have adopted a flexible working hours scheme, which allows employees to manage their time in a more personalised way. This makes each employee’s start and finish times more flexible, giving them much greater freedom.
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