Sanctions for failing to establish or comply with the digital disconnection protocol: What should be taken into account?
November 11, 2024 · Vilar Riba
The digital disconnection protocol has become a legal obligation in Spain. All companies with employees must ensure that they can disconnect from digital devices outside their working hours. However, many companies still have not fully adapted to this regulation or simply do not comply, often because there have not been many media-visible sanctions serving as a warning. But what sanctions can companies that do not comply with this protocol receive?
Types of sanctions for non-compliance with the digital disconnection protocol
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Labor sanctions: Non-compliance with the protocol can be considered a violation of workers’ rights. If a labor inspection detects that this right is not being respected, sanctions can range from warnings to significant financial penalties.
- Fines for minor, serious, and very serious infractions: Fines for failing to implement the digital disconnection protocol or not respecting it can vary based on the severity of the infraction:
- Minor Infractions: Typically incur lower fines, intended to alert the company to the need for compliance without imposing heavy penalties.
- Serious Infractions: Result in higher fines, reflecting a more significant failure to comply with the protocol and the potential impact on employees’ rights.
- Very Serious Infractions: May lead to substantial fines, as these violations indicate a severe disregard for the protocol, potentially affecting a larger number of employees or showing repeated non-compliance.
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Fines in the context of data protection: If the lack of digital disconnection results in the improper use of employees’ personal data outside their working hours, the penalties can be even more severe. In these cases, fines could reach up to 20 million euros or 4% of the company’s total global annual revenue, according to the regulations of the General Data Protection Regulation (GDPR).
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Reputational damage: In addition to fines, the company may see its reputation affected, especially in sectors where employee well-being is crucial for retaining talent and improving its public image. Negative publicity or reports of non-compliance can deter potential employees and harm relationships with clients and stakeholders.
At Vilar Riba, we are experts in designing digital disconnection protocols tailored to the reality of each company. We conduct a detailed analysis to develop a specific guide that aligns with both the company’s tasks and the needs of the employees.
The implementation of these protocols requires a presentation to the works council. Therefore, we also provide support during this phase, managing the presentation and ensuring that everything is carried out properly.
