Sobre la regulación legal de la desconexión digital en España: valoración crítica

Abstract

The emergence of new technologies has revolutionised today’s world, introducing new forms of work organization and development. Although the introduction of these new digital and technological mechanisms can both facilitate and make the execution of professional responsibilities more flexible, they also lead to the possibility of easily lengthening our ordinary working hours, reducing the quantity and quality of rest breaks and holidays and, therefore, the work-life balance. Considering the circumstances, and after multiple requests and initiatives, both politically and socially, the right to digital disconnection is legally recognised. Although such legal recognition was necessary, the way in which it has been done in the Spanish legal system is open to criticism. This simple statement contained in Article 88 of Act No. 3/2018 of 5 December, on the protection of personal data and the guarantee of digital rights (LOPD), is not the definitive solution to an increasingly developed and digitalised labour market.