{"id":21082,"date":"2026-01-23T11:23:53","date_gmt":"2026-01-23T10:23:53","guid":{"rendered":"https:\/\/etl-ilia.es\/?p=21082"},"modified":"2026-01-23T11:23:53","modified_gmt":"2026-01-23T10:23:53","slug":"can-smes-be-fined-digital-disconnection-2026","status":"publish","type":"post","link":"https:\/\/etl-ilia.es\/en\/legal-advice-blog\/can-smes-be-fined-digital-disconnection-2026\/","title":{"rendered":"Can an SME be fined for sending an email outside working hours in 2026?"},"content":{"rendered":"

Quick answer<\/div>\n

Yes. A company was fined more than 1,500 euros for sending a work-related communication outside working hours concerning mandatory training. The case confirms that sending emails or messages outside the working day may infringe the right to digital disconnection<\/strong>, even if no explicit reply is required. In 2026, this risk directly affects the day-to-day operations of SMEs.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

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A real sanction for a common business practice<\/strong><\/h2><\/div>

The case arises from a situation that is common in everyday business. A company informed its workforce, outside working hours<\/strong>, about the completion of a mandatory training course. There was no objective urgency or exceptional circumstance justifying the timing of the communication.<\/p>\n

The Labour Inspectorate<\/strong> considered that this action infringed the\u00a0rights to rest<\/strong> and\u00a0<\/span>to digital disconnection<\/strong>. In addition, the timing and content of the communication were deemed to affect the organisation of working time<\/strong> without complying with the legally required notice.<\/p>\n

The result was a financial penalty<\/strong> exceeding 1,500 euros, which was later confirmed. The message is clear: a serious conflict or repeated conduct is not required for an infringement to exist.<\/p>\n<\/div>

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Why is this case not an isolated incident?<\/b><\/h2><\/div>
<\/div>

Many SMEs operate with a culture of proximity and flexibility that has normalised certain practices:<\/p>\n

    \n
  • Emails sent late in the afternoon.<\/li>\n
  • WhatsApp messages outside working hours to move tasks forward.<\/li>\n
  • Informal notices about changes, meetings or training.<\/li>\n<\/ul>\n

    Until recently, these practices rarely caused problems. However, labour regulations<\/strong> have evolved, and the focus is no longer on whether the employee replies, but on whether the company intrudes into rest time by creating an obligation or implicit pressure.<\/p>\n

    For this reason, digital disconnection<\/strong> has become a core issue of daily labour compliance<\/strong>.<\/p>\n<\/div>

    <\/div>

    What does the right to digital disconnection mean, and how does it affect you?<\/b><\/h2><\/div>

    The right to digital disconnection<\/strong> protects rest periods, leave and holidays from the use of digital tools for work-related purposes outside working hours.<\/p>\n

    This right creates specific obligations for the company:<\/p>\n

      \n
    • Organising work-related communications<\/strong> in a way that respects rest time.<\/li>\n
    • Avoiding unnecessary use of emails, messages or calls outside working hours.<\/li>\n
    • Establishing clear internal criteria<\/strong> on when and how contact may take place.<\/li>\n<\/ul>\n

      It is not only about avoiding a reply. In many cases, receiving the message itself already interferes with the employee\u2019s rest.<\/p>\n<\/div>

      <\/div>

      What can you do outside working hours without taking risks?<\/b><\/h2><\/div>

      Proper management of internal communications allows compliance without losing efficiency.<\/p>\n

      You can, for example:<\/p>\n

        \n
      • Schedule emails and notices to be sent during working hours<\/strong>, even if drafted outside them.<\/li>\n
      • Clearly define which situations are genuinely urgent and who is authorised to act.<\/li>\n
      • Share purely informational content that does not imply actions or expectations of response.<\/li>\n
      • Establish internal protocols<\/strong> for the use of email, messaging and collaborative tools.<\/li>\n
      • Train managers and team leaders to avoid improvised decisions.<\/li>\n<\/ul>\n<\/div>
        <\/div>

        What practices should you avoid in daily operations?<\/b><\/h2><\/div>

        Certain behaviours significantly increase sanction risk<\/strong>:<\/p>\n

          \n
        • Sending communications outside working hours that involve obligations or future tasks.<\/li>\n
        • Calling training sessions, meetings or courses outside working hours without compensation or rest.<\/li>\n
        • Using urgency as a standard argument when no real urgency exists.<\/li>\n
        • Creating implicit pressure through messages presented as merely informative.<\/li>\n
        • Assuming that the absence of complaints validates the practice.<\/li>\n<\/ul>\n<\/div>
          <\/div>

          Real risks of failing to respect digital disconnection<\/strong><\/h2><\/div>

          The impact is not limited to a single fine. Poor management of digital disconnection<\/strong> may lead to:<\/p>\n

            \n
          • Financial penalties<\/strong> and broader inspection actions.<\/li>\n
          • Individual disputes and labour claims.<\/li>\n
          • Deterioration of the working environment<\/strong> and loss of team trust.<\/li>\n
          • Documentary exposure, such as emails and messages, leaves a clear record.<\/li>\n<\/ul>\n

            For an SME, these risks directly affect time, costs and peace of mind.<\/p>\n<\/div>

            <\/div>

            Managing digital disconnection without losing efficiency<\/strong><\/h2><\/div>

            Respecting digital disconnection<\/strong> does not mean stopping communication; it means improving it.<\/p>\n

            Reviewing how, when and by whom messages are sent outside working hours is a simple preventive measure. Defining clear criteria that are adapted to the business’s reality provides legal certainty and strengthens internal relationships.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

            <\/div>

            What to review this week in your company<\/strong><\/p>\n

              \n
            • Actual sending times of work-related emails and messages.<\/li>\n
            • Use of WhatsApp or other informal channels with staff.<\/li>\n
            • Communications about training, meetings and organisational changes.<\/li>\n
            • Whether a digital disconnection policy exists.<\/li>\n
            • Coordination with your labour advisor on these practices.<\/li>\n<\/ul>\n<\/div><\/div><\/div>
              <\/div><\/div><\/div><\/div><\/div>

              A clear conclusion for 2026<\/strong><\/h2><\/div>

              Digital disconnection<\/strong> is neither a recommendation nor a passing trend. It is a legal obligation<\/strong> with a direct impact on daily operations.<\/p>\n

              A real fine<\/strong> for a simple email shows that reviewing communication practices is no longer optional if you want to avoid sanctions and manage your business with confidence.<\/p>\n<\/div>

              <\/div><\/div><\/div><\/div><\/div>