Right to Digital Disconnection: Fines for Non-Compliant Companies

The right to digital disconnection was introduced in Spain under Organic Law 3/2018 on Data Protection and Guarantee of Digital Rights and reinforced through labour and occupational risk prevention regulations. All companies, regardless of their size, must take concrete steps to prevent employees from working or receiving professional communications outside their working hours.

Non-compliance may result in penalties under the Law on Labour Infringements and Sanctions (LISOS):

• Minor infringements: failure to inform employees about their right to disconnect. Fines between €70 and €750.
• Serious infringements: failure to implement an internal protocol or to guarantee work-life balance. Fines between €751 and €7,500.
• Very serious infringements: proven harm to the worker’s health or systematic breaches. Fines between €7,501 and €225,018.

In addition, employees may claim compensation for moral damages, increasing both the financial and reputational risk for the company.

Several recent cases highlight how the law is being applied:

• €300 compensation in Galicia: The High Court of Justice of Galicia awarded damages to an employee who continued to receive work emails after requesting disconnection.
• €1,500 ruling: another decision from the same court ordered a company to compensate an employee on sick leave who kept receiving professional communications.
• €70,000 fine by the Spanish Data Protection Agency (AEPD): a company was sanctioned for adding an employee to WhatsApp work groups during her holidays and forcing her to use her personal phone for work.
• Labour Inspectorate sanctions up to €7,500: companies contacting employees during holidays or outside agreed working hours are already being fined.

These cases prove that the lack of clear internal rules and the abuse of out-of-hours communications can result in serious financial and reputational consequences.

The HR and Legal teams play a key role in preventing risks. Their responsibilities include:

• Drafting a digital disconnection protocol tailored to the company.
• Incorporating it into equality plans, internal regulations or collective agreements.
• Training managers and staff on how to respect digital disconnection.
• Monitoring and updating the protocol regularly to ensure effectiveness.

To minimise risks, companies should:

• Implement a specific digital disconnection policy adapted to their sector.
• Train managers and employees in internal communication best practices.
• Include the right to disconnect in contracts and corporate handbooks.
• Conduct regular audits to demonstrate compliance in case of inspection.

The right to digital disconnection is no longer an option: it is a legal obligation that can lead to severe sanctions if ignored.