Spanish Company Fined €70,000 for Violating Employee's Digital Disconnection Rights

Madrid, Spain – The Spanish Data Protection Agency (AEPD) has imposed a substantial 70,000 euro fine on LVMH Iberia for violating an employee's right to digital disconnection. The penalty stems from the company's insistence on including an employee in work-related WhatsApp groups using her personal mobile phone, even during her vacation periods, despite the employee's explicit refusal. The case highlights the importance of digital disconnection rights, which are enshrined in Spanish law under Article 20 bis of the Workers' Statute and Article 88 of the Organic Law on Data Protection. These regulations stipulate that employees have the right to privacy and digital disconnection outside of their working hours, ensuring their personal and family intimacy, and respecting their rest periods and holidays. According to legal experts, companies are prohibited from using employees' personal contact details, such as phone numbers, for work-related communications without explicit consent. If work-related communication outside of working hours is necessary, companies are required to provide corporate devices or numbers to ensure employees can disconnect from work during their non-working hours. Legal professionals advise employees facing similar situations to formally communicate their desire not to be included in work-related groups on personal devices, preferably in writing. If the company continues to disregard this right, employees can file a complaint with the AEPD or the Labor Inspectorate, which can result in significant fines for the employer.

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