Disconnecting from work

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The Organic Law 3/2018 of December 5, on the protection of personal data and the guarantee of digital rights, has introduced new measures to reinforce the privacy of individuals, and in this case, especially of employees, by guaranteeing them the right to disconnect after work hours.

  • This law grants the right of workers to digital disconnection of the workplace, in order to guarantee and respect their rest time, permits and vacations, as well as their personal and family privacy.

This right, however, is not absolute and must be exercised taking into consideration the nature and purpose of the employment relationship.
the regulations obliges companies to implement an internal policy of digital disconnection for the entire workforce, including the management team, which enhances work and family and personal balance, with the employees’ representatives participation.

  • Other relevant measures that comes from this, is related to the right to privacy and use of digital devices provided by the Company to their Employees. The regulation includes some aspects that will imply relevant changes in the way of managing the labor relationship within the Company, and the necessity to adapt existing policies, based on the following principles, that were discussed in the case law in the past years:
  • The access by the Company to the contents of the digital media provided to Employees is strictly limited to the control of compliance with labor obligations and to guarantee the security of the devices.
  • Criteria for the use of digital devices must be established, respecting the standards of privacy protection in accordance with social uses.
  • Determine and communicate, the private use of the digital media of the company.
  • Participation of employees’ representatives in the drafting of this regulation.

The new regulations, reinforces the protection of Employees both in their rest time and in their privacy related to the use of new technologies in the workplace, while clarifying some aspects that have been the subject of litigation in recent years.
UHY Fay & Co puts at your disposal a specialized advisory service so that you can apply these regulations with the highest standards of legal security and can prepare the Internal Policy in the most optimal conditions for the Company.

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