In Spain in 2025, where constant connection via mobile devices has become a routine part of daily life, the boundaries between work and personal time have gradually become blurred. However, this reality is beginning to change thanks to the inclusion in the Workers’ Statute of a regulation that protects the right to digital disconnection and employee privacy outside working hours.
Article 20 bis of the Statute grants Spanish workers the right to a private space, free from digital monitoring linked to their job activities. This right ensures that, beyond agreed working hours, employees are not obliged to respond to messages, emails or work-related calls – including in cases of remote or hybrid working, which are now widely adopted.
This regulation addresses the risks of work-related hyperconnectivity, where receiving a message from a superior outside of working hours can often create a tacit obligation to respond, negatively affecting employees' wellbeing and privacy. This issue has grown alongside the widespread use of instant messaging apps like WhatsApp.
Context and Legislative Development in Spain
In an era in which remote working has become established since the pandemic peak of 2020–21, Spanish legislation has had to adapt to protect employees from invasive practices that infringe on their rest time and digital privacy. The right to disconnect must be respected both in the office and at home, eliminating the pressure to reply outside working hours – a pressure that can impact both health and productivity.
Organisations are prohibited from implementing indiscriminate monitoring of the use of digital devices provided for work tasks, unless there is a clear, well-communicated internal policy justifying supervision within the current legal framework.
As such, actions like spying on an employee’s phone or demanding immediate responses via personal digital platforms are expressly restricted and must comply with transparent corporate protocols that respect personal privacy.
What to Do About Work Messages Outside Working Hours
The Statute protects any worker who does not wish or is unable to respond to requests or messages received outside their usual working hours. If such contact persists without justification, the employee may raise the issue internally or escalate it to external bodies such as the works council or the Labour Inspectorate.
This protection is particularly significant in sectors where 24/7 availability had become the norm, endangering employees' emotional stability.
As of 2025, fines for breaching the right to digital disconnection can reach up to 7,500€, depending on the size of the company and the seriousness of the breach. These penalties apply when there is no compensation or legitimate reason for out-of-hours work communications, thereby reinforcing the legal weight of the right to disconnect.
This tightening of penalties sends a clear message to companies: they must develop clear protocols that respect the boundary between work and private life and avoid abusive practices using digital devices.
The Importance of Digital Disconnection for Workplace Wellbeing
The push to encourage digital disconnection stems from the fact that constant connectivity can lead to stress, digital fatigue, and mental health issues. Recent studies in Spain show that nearly 40% of employees experience emotional burnout due to difficulty separating work and personal time.
Experts in HR and occupational psychology agree that respecting periods of disconnection improves work–life balance, increases motivation, and reduces absenteeism. For this reason, companies that implement strategies to guarantee disconnection see benefits in terms of sustainable productivity and a positive organisational climate.
Moreover, upholding this right promotes a company culture based on trust and mutual respect, positioning Spain as a potential leader in labour regulation within Europe.