Due to the rise of new technologies, there is a lot of talk about workers' right not to respond to communications or perform tasks outside of their working hours. The aim of this right to digital disconnection is to promote well-being and work-life balance, as well as to avoid computer fatigue that can be generated by constant and inappropriate use of technological tools.

Through collective bargaining (collective agreements and agreements), the company can negotiate with workers the specific measures for enjoying this right. It can also negotiate exceptions in case certain circumstances arise that may involve, for example, risks to people or potential harm to the company.

It is most advisable for the company, after informing the legal representation of the workers in advance, to define an internal policy with the modalities for exercising the right to digital disconnection and actions for training and raising awareness about a reasonable use of technological tools to avoid the risk of computer fatigue.

There is not always a violation of this right. For example, although the worker is not obligated to respond to emails during their holidays under any circumstances, the company can send general and automated communications, as long as they do not constitute direct instructions for absent workers or require an immediate response.

In cases where there is evidence of a company's breach of workers' right to digital disconnection, it may be considered a serious or even very serious infringement in terms of occupational risk prevention (related to the organization and scheduling of working time, including holiday enjoyment). This can result in fines ranging from 7,500 to 30,000 euros.