La Ley Orgánica 3/2018 como marco embrionario de garantía de los derechos digitales laborales. Claves para un análisis sistemático

Resumo

The Spanish Data Protection Act (LO 3/2018) has recently formulated an embryonic regulation about digital rights for workers, implementing the mandatory previsions contained in the European GDPR in order to adapt that holistic legal frame of data protection to the particular context of labour relations. Even though its limitations, the new regulation points out to the whole legal system on Data Protection as an inescapable reference in order to build a complex set of limitations that should be respected by employers in the exercise of their labour managing and monitoring powers; particularly related to situations like the workers’ use of digital devices at the workplace, videosurveillance, sound recording or locational surveillance. The paper also deals with the right of labor disconnection, only protected for the moment by means of a rather programmatic legal recognition.