The Right to Digital Disconnection: What it is and How to Apply it
The workday is over, you have closed your computer and you are ready to enjoy your free time. But suddenly, your mobile vibrates. It's an email from your boss. Later, a notification from a work group. This situation, increasingly common in the era of teleworking, has a name: "hyperconnection". And in Spain, you have the right to protect yourself from it.
Since 2018, Spanish legislation recognizes the right to digital disconnection. But what exactly does it mean and how can you exercise it? We explain it to you.
The right to digital disconnection is the right of workers not to answer calls, emails, messages or any other type of professional communication outside their working hours.
Legal Framework for Digital Disconnection in Spain
Article 88 of the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD) establishes that all workers, including those in management positions, have the right to digital disconnection to guarantee their rest time, permits and vacations, as well as their personal and family privacy.
This means that, except for force majeure or exceptional circumstances, the company cannot require you to be available outside your working hours.
The Internal Policy: The Key to Everything
The law obliges all companies to draw up an **internal digital disconnection policy**. This policy, which must be discussed with workers' representatives, must clearly define:
- The modalities of exercising the right to disconnection.
- Training and awareness actions for staff on a reasonable use of technological tools.
- How the right to disconnection of teleworking employees will be protected.
It is essential that you know your company's policy. If it does not exist or is not applied, the company is violating the law.
Frequently Asked Questions about Digital Disconnection
- Does digital disconnection apply to all employees?
Yes, the law is clear: it applies to all workers, including those in management positions. - What if I am self-employed?
The right to digital disconnection is regulated for employed workers. If you are self-employed, you are your own boss and it is up to you to manage your work and rest times. - Can the company contact me in case of emergency?
Yes. The law contemplates exceptions for "force majeure or exceptional circumstances". A real emergency that requires your immediate intervention would be one of those exceptions.
Practical Steps to Exercise Your Right
Knowing that you have a right is the first step. Applying it is the next. Here are some strategies:
- Configure your technology: Disable notifications from work applications on your mobile outside your working hours. If you use the same device for personal and professional use, create work profiles that you can "turn off".
- Communicate proactively: Talk to your team and your superiors. Set clear expectations about response times. For example: "I check my emails from 9:00 to 18:00. If something is urgent outside those hours, please call me".
- Use automatic replies: Set up an automatic reply in your email that indicates your working hours and that you will reply upon your return. This manages the expectations of the person who writes to you.
- Be an example: If you hold a position of responsibility, avoid sending communications outside working hours. If you need to do so, use the "schedule send" function so that the message reaches the recipient at the beginning of their workday.
What if the Company Does Not Respect it?
If you feel that your right to disconnection is systematically violated, the first step is to talk to your superior or the Human Resources department, reminding them of the existence of the internal policy. If this does not work, you can seek the support of workers' representatives. Do not forget that this right is closely related to the control of overtime.
Ultimately, the Labor Inspectorate can intervene if it is proven that the company is failing to comply with its obligation to guarantee the rest of its employees. Mental health and work-life balance are rights, not luxuries. Protecting your free time is not only good for you, but it also makes you a more focused and productive worker during your workday.
Legal notice: This article is an informational guide and does not constitute legal advice. For specific cases, we recommend that you consult with a labor law professional.