Technology and Work Organisation in Spain

Employment frameworks for digital transformation and new ways of working

We advise companies on the employment impact of digital transformation, workplace technology and new service delivery models.

Our work covers remote working, employee monitoring, corporate devices, data protection, artificial intelligence, digital policies and the right to disconnect.

We align technological implementation with Spanish employment law, operational priorities and the protection of employee rights.

Technology and work organisation under Spanish employment law

The introduction of new technology can affect working conditions, privacy, management powers and employee representation rights.

 

The business objective, technological solution, legal basis, data processing, internal policies, consultation duties and implementation strategy must be aligned before new systems are introduced.

 

We advise companies from the initial assessment and design of the measure through consultation, implementation and defence in the event of challenge.

Core technology and work organisation matters

We advise on:

  • Remote and hybrid working arrangements
  • Employee monitoring and workplace surveillance
  • Use of corporate devices and communication systems
  • Email, internet and platform use
  • Data protection in the employment relationship
  • Artificial intelligence in recruitment and workforce management
  • Automated decision-making
  • Algorithmic management and transparency
  • Right to disconnect
  • Digital time recording systems
  • Productivity and performance monitoring tools
  • Cybersecurity and confidentiality obligations
  • Bring-your-own-device arrangements
  • Digital policies and internal protocols
  • Information and consultation with employee representatives
  • Employment disputes linked to technology and privacy

Remote and hybrid working

Remote and hybrid working require a clear legal and operational framework.

 

We advise on remote working agreements, working time, availability, expenses, equipment, health and safety, confidentiality, monitoring and the right to disconnect.

Employee monitoring and workplace surveillance

Employee monitoring measures must be justified, proportionate and transparent.

 

We advise on monitoring systems, video surveillance, email and internet controls, productivity tools, location tracking and the evidentiary use of information obtained through workplace technology.

Corporate devices and digital policies

The use of corporate devices and systems requires clear rules on acceptable use, privacy and information security.

 

We draft and review policies covering devices, email, internet, messaging platforms, remote access, cybersecurity, confidential information and personal use of company resources.

Artificial intelligence in the workplace

Artificial intelligence can affect recruitment, performance assessment, workforce planning and employment decision-making.

 

We advise on the employment implications of AI tools, including transparency, discrimination risk, human oversight, data protection and consultation obligations.

Data protection and employee rights

Workplace technology often involves the processing of personal and professional data.

 

We coordinate employment and data protection requirements to ensure that data collection, access, retention, monitoring and decision-making processes respect employee rights.

Right to disconnect and digital wellbeing

Digital working models can blur the boundaries between working time and personal time.

 

We advise on right-to-disconnect policies, availability expectations, communication protocols, management practices and measures designed to prevent excessive digital exposure.

How we support the process

Assessment

Technology, business objective, workforce impact and legal risk.

Design

Policies, procedures, safeguards, documentation and consultation strategy.

Implementation

Communication, employee representative involvement, training and rollout.

Review

Compliance, disputes, technological change and ongoing effectiveness.

When to involve employment counsel

Employment counsel should be involved before new technology, monitoring systems or digital working models are introduced.

 

 

Early involvement is particularly important where the measure affects privacy, automated decision-making, working time, remote work, employee monitoring, artificial intelligence or employee representative rights.

Technology and Work Organisation FAQs

Can a company monitor employees in Spain?
Yes, in certain circumstances. Monitoring must have a legitimate purpose, be proportionate, respect privacy and data protection requirements, and be properly communicated.
It should address working time, availability, equipment, expenses, health and safety, confidentiality, monitoring, data protection and the right to disconnect.
Yes, but its use may raise issues relating to transparency, discrimination, data protection, human oversight and employee representative rights.

Before the technology or working model is selected or implemented. Early advice helps structure the measure correctly and reduce privacy, procedural and litigation risk.

Corporate restructuring requires precision before action

We advise companies on the employment law strategy, negotiation, implementation and defence of restructuring processes in Spain.
Barcelona
Plaza Europa, 9-11, 15 D
Torre Inbisa
08908 Barcelona
Madrid
Príncipe de Vergara 62
1º Derecha
28006 Madrid