{"id":3166,"date":"2025-10-06T16:07:36","date_gmt":"2025-10-06T14:07:36","guid":{"rendered":"https:\/\/tecnologia.euroinnova.com\/ley-de-desconexion-digital-el-derecho-inalienable-a-despegarse-de-la-pantalla\/"},"modified":"2026-08-05T11:04:25","modified_gmt":"2026-08-05T09:04:25","slug":"digital-disconnection-act","status":"publish","type":"post","link":"https:\/\/tecnologia.euroinnova.com\/en\/ley-de-desconexion-digital","title":{"rendered":"Digital disconnection law: the inalienable right to detach from the screen"},"content":{"rendered":"

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.<\/span><\/p>\n

This is how the digital disconnection law came about, which in Spain is limited to the Article 88 of the Data Protection Act (LOPD)<\/a>, published as Organic Law 3\/2018. We define \u2018digital disconnection\u2019 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.\u00a0<\/span><\/p>\n

In short, the right to digital disconnection is a right that ensures workers\u2019 rest is respected in the digital sphere, regardless of whether or not they are physically present at their workplace.<\/span><\/p>\n

The aim of the Digital Disconnection Act is to improve work-life balance<\/strong>, as well as preventing mental strain on the worker.<\/span><\/p>\n

What is \u2018digital detox\u2019?<\/span><\/h2>\n

By \u2018rest\u2019, we mean what is stipulated in the Workers\u2019 Statute<\/strong>, 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.<\/span><\/p>\n

So, let\u2019s start from the premise that no worker can exceed the 40 hours of actual work per week.<\/strong> After doing the maths, we worked out that a worker is entitled to 128 hours\u2019 rest per week<\/strong> and, consequently, to digital disconnection. We assume that digital disconnection extends to each employee\u2019s holidays and sick leave.<\/span><\/p>\n

By law, digital disconnection must also be respected in the stipulated daily rest period between shifts<\/strong> (at least 12 hours), the pauses<\/strong> (at least 15 minutes), amongst others permits and licences<\/strong> applicable.<\/span><\/p>\n

Article 88 of the Data Protection Act<\/span><\/h2>\n

This article on the right to digital disconnection in the workplace reads as follows:<\/span><\/p>\n

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.\u00a0<\/span><\/em><\/p>\n

(\u2026) 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\u2019s home where technological tools are used for work purposes.<\/span><\/em><\/p>\n

\u00a0<\/p>\n

This text therefore urges companies to draw a clear line between work and leisure time<\/strong> in the virtual environment, particularly for those working in a hybrid arrangement or fully remote<\/em>. That said, this right also applies equally to workers in the workplace.<\/span><\/p>\n

In this way, indirect emphasis is placed on the employee\u2019s 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.<\/span><\/p>\n

Companies\u2019 obligations under the Digital Disconnection Act<\/span><\/h3>\n

Furthermore, the article also stipulates that:<\/span><\/p>\n

The employer, after consulting with the workers\u2019 representatives, shall draw up an internal policy aimed at workers (\u2026) 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 (\u2026).<\/span><\/em><\/p>\n

The legislation therefore also encourages the company to, in its internal policies<\/strong>, explicitly recognise their employees\u2019 right to digital disconnection. It also emphasises the technology training<\/strong> of workers in this regard.<\/span><\/p>\n

The benefits of going offline<\/span><\/h2>\n

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:<\/span><\/p>\n