According to article 87 of Organic Law 3/2018 on Data Protection and Guarantee of Digital Rights, “public workers and employees” have the right to digital disconnection in order to guarantee, outside of legal or conventionally established working time, respect for their rest time, permits and vacations, as well as their personal and family privacy. .
Currently, with the digitalization of companies and the implementation of teleworking, meeting these demands is increasingly complex, since employed people take their work home and often do not know when to stop, answering WhatsApp or calls or being pending email.
In this regard, it is required that the company promote the right to reconcile work activity and personal and family life and be subject to what is established in collective bargaining or, failing that, to what is agreed between the company and the representatives. from the workers.
As an example, let's imagine that a company requires its staff to charge a mobile device once their work day is over. Keeping an eye on whether the device has enough battery for the next day could cause stress for the worker. Of course, this is a delicate matter and, for this reason, companies must exercise extreme caution. A good option would be to approve an internal policy aimed at workers, including those in management positions, which defines the modalities for exercising the right to disconnection and training and awareness-raising actions for staff on reasonable use of technological tools that avoid the risk of computer fatigue.
Lastly, and no less important for security in teleworking situations, it must be added that companies must implement security measures, both technical and organizational, to guarantee the security of the information, so as to minimize the possibility of suffer a cyber threat, such as 'phishing', that is, a malicious email in which an unknown third party impersonates a trusted person, natural or legal, to access confidential company information. Among the measures to be applied, in addition to the training plans for all staff, are VPN (virtual private network) connections through which the company's local network can be accessed remotely without putting security at risk. of the company.
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