Digital disconnection: the protocol that all companies must implement
Occupational risk prevention (ORP) is one of the critical pillars of personnel management in any company, particularly due to the potential liabilities arising from non-compliance in this area. Within psychosocial risks, digital disconnection has gained increasing prominence because of its direct impact on occupational health and the monitoring of working time.
In previous articles we have already analysed the right to digital disconnection. In this publication, we take a closer look at its key element: the digital disconnection protocol.
Do you know what it consists of? Is your company required to have one? Must it be negotiated with the Legal Representation of Employees?
What is a digital disconnection protocol?
It is an internal document through which the company guarantees employees’ right to digital disconnection, which entails not responding to work-related communications or tasks outside working hours, as well as respect for rest periods, leave and holidays.
This protocol regulates the use of technology in the workplace, organises communications and establishes organisational measures to prevent hyperconnectivity and protect employees’ health. It also helps the company comply with its legal obligations in relation to occupational risk prevention and psychosocial risks.
Which companies are required to have a digital disconnection protocol?
All companies, regardless of their size, sector or whether teleworking is in place, are legally required to have a digital disconnection protocol.
Mandatory minimum content of the protocol
Without prejudice to any additional requirements set out in the applicable collective bargaining agreement, the protocol must clearly and accessibly include:
- Recognition of the right to digital disconnection and the employer’s obligation to guarantee it.
- Rules governing the use of devices and communications outside working hours.
- Organisational measures (limitations on emails outside working hours, meeting rules, workload management, etc.).
- Justified exceptions and the procedure applicable to them.
- Training and awareness-raising actions.
- A system for reporting and managing incidents or breaches of the right.
How is the digital disconnection protocol prepared and implemented?
Its preparation requires:
- A prior analysis of roles, communication channels and risks of hyperconnectivity.
- Prior consultation with the Legal Representation of Employees (where it exists), which may submit observations before the final version is drafted.
- Drafting of the document and its integration into the occupational risk prevention system.
- Communication to the workforce and specific training on the digital disconnection policy.
- Ongoing monitoring and periodic review, particularly when there are significant organisational or technological changes.
Is negotiation with the Legal Representation of Employees mandatory?
No. The company is not required to negotiate the protocol with the Legal Representation of Employees, but it must grant them prior consultation. Negotiation is only required if the applicable collective bargaining agreement so provides.This has been confirmed by the Social Chamber of the Supreme Court in Judgment 1041/2025, of 11 November 2025 (Cassation Appeal 204/2024).
A key challenge for middle-market companies
Middle-market companies are at a particularly critical point: their growth entails greater use of technology, increased demands for availability and more agile communication. For this reason, understanding the implications of the digital disconnection protocol and knowing how to implement it correctly is essential to ensure regulatory compliance and protect occupational health.
Having specialist legal advice is key to implementing an effective, up-to-date protocol tailored to the company’s operational reality.
Do you need advice? Access our practice area related to the digital disconnection protocol:
