August marks the peak of tension between the right to disconnect and the cultural pressure to be constantly available. Staff numbers are reduced, urgent matters do not disappear, and emails reach those on holiday just as they do those in the office. The result is a right recognised by law that many companies have not yet turned this into an actual policy, and that many managers do not know exactly how to implement it without disrupting day-to-day operations.
What is the right to digital disconnection and which law governs it in Spain?
The Article 88 of Organic Law 3/2018 (LOPDGDD) recognises workers’ right not to respond to digital communications outside working hours. The law requires companies to draw up a policy internal digital switch-off and, where there is trade union representation, to negotiate it with the union. What the legislation fails to do is specify how this policy should be implemented in practice: this is where most companies face a real gap. Failure to comply exposes the employer to penalties imposed by the Labour Inspectorate, regardless of the size of the company or the sector.
Why summer exacerbates problems with digital disconnection
In August, the pressure on digital disconnection is amplified by three simultaneous factors. The first is the reduced workforce: Those who work take on more tasks, whilst those who rest receive more messages. The second is the the culture of always being available: In many organisations, responding quickly whilst on holiday is seen as a sign of commitment, even if nobody says so explicitly. The third is the sense of urgency: Most out-of-hours enquiries are not genuine emergencies, but rather emergencies as perceived by the person sending the message. This distinction is crucial, and internal policy must set it out clearly, as we also pointed out when discussing the conflict-free management of holidays and leave.
Specific obligations of the company: policy, procedure and negotiation
Having a digital detox policy It is not optional: it is a legal obligation. And it is not enough simply to draft a document and publish it on the intranet. The policy must contain the standard working hours, the protocol for genuine emergencies, the channels and tools to which it applies, and the consequences of non-compliance. It must be actively communicated to the entire workforce and, where there is trade union representation, to be negotiated with her before it is implemented. Companies that do not have a policy, or that have one that has not been negotiated, are liable to face sanctions even if, in practice, they comply with the law.
What managers should (and shouldn’t) do whilst the team is on holiday
The manager is the first point of friction when it comes to digital disconnection. It is the manager who decides whether a message can wait until Monday or whether it warrants a call to an employee who is on holiday. And it is the manager who, through their own behaviour, sets out the team’s unwritten rule. The circumstances in which out-of-hours contact is justified are very specific: critical incidents for which there is no alternative cover and which have a direct impact on operations. Everything else can wait. The manager who delegates the coverage correctly Before the holiday period begins, there’s no need to contact anyone. Preparing in advance is the best way to switch off.
Remote working and switching off: the most difficult combination to manage
With hybrid working now well established, the boundaries between working hours and personal time are more vague than ever. For employees working from home, there is no physical commute to mark the start and end of the working day, and the temptation to reply to a message at 10 pm whilst sitting on the sofa is greater than it is in the office. The Remote Working Act It reinforces the right to disconnect in this context, but its practical implementation depends on specific measures: set up out-of-hours automatic replies, Stop forwarding work emails to personal devices and set out explicit availability arrangements in remote working contracts.
How to train managers and teams to embed a culture of disconnection
The law alone does not change culture. A well-drafted policy that nobody follows is a dead letter. Real change requires managers to understand their obligations, know how to delegate responsibility, be aware of the limits of legitimate contact and set an example through their own behaviour. For employees, training in self-management and the healthy use of digital tools reduces reactivity and improves their ability to truly switch off. At Educa.Pro, the HR catalogue includes training programmes in digital wellbeing and team management specifically designed to develop these skills in managers and HR staff.
Digital disconnection is not a benefit granted by the company: it is a right recognised by law, which the company is obliged to guarantee. The difference between organisations that manage this well and those that do not lies, almost always, in whether their managers have been trained to understand and apply it.
