It is necessary to take into account the current context in which it has gone from a figure of 4% of Spaniards teleworking in 2019, to 34% this 2020, according to INE data, and all quickly and without too much time for anything, due to the crisis and confinement resulting from the coronavirus pandemic.
In teleworking, uncertainty has always been planned by companies as to whether the workforce would actually be working or doing other personal activities, but due to all these recent events experienced, it has become clear that workers have worked an overall average of two hours more per working day, which has shown the need to regulate digital disconnection.
Currently, this issue is only minimally regulated in article 88 of the Organic Law on Data Protection, but it does not contemplate any specific measure to carry it out, nor any type of sanction in case of non-compliance, therefore it is clear that this regulation is completely insufficient.
Another issue arising from all this problem is the possibility of working by objectives instead of working by hours, since teleworking also leaves behind the in-person culture in which people waited at their workplace for it to be time to leave or for someone to be the first to do so, even if they had finished their work, simply by strictly fulfilling the 8-hour workday.