Employee Monitoring Law Planner
Sources

Organic Law on Data Protection and Digital Rights (LOPDGDD), Spain Organic Law 3/2018

Law. Placed at Spain. Read 30 Sep 2026; 3 provisions cited by the planner.

What does Organic Law on Data Protection and Digital Rights (LOPDGDD), Spain Organic Law 3/2018 require?

Article 89: employers may use camera images for worker control under the Workers' Statute or civil service law within its limits, informing workers and representatives beforehand expressly, clearly and concisely (a sign suffices for flagrant unlawful acts caught on camera); cameras and sound recording are never allowed in rest or leisure areas such as changing rooms, toilets and canteens; sound recording is allowed only where security risks from the activity are relevant, respecting proportionality and minimal intervention, with deletion as under Article 22.3. Also cited: Art. 90, employers: tell workers in advance about geolocation systems and their rights; Art. 87, employers: set device-use criteria with worker representatives and limit access to monitoring compliance and integrity.

LOPDGDD Art. 89Employers: inform workers before using cameras for monitoring; never in rest areas; audio only for serious security risk

Article 89: employers may use camera images for worker control under the Workers' Statute or civil service law within its limits, informing workers and representatives beforehand expressly, clearly and concisely (a sign suffices for flagrant unlawful acts caught on camera); cameras and sound recording are never allowed in rest or leisure areas such as changing rooms, toilets and canteens; sound recording is allowed only where security risks from the activity are relevant, respecting proportionality and minimal intervention, with deletion as under Article 22.3.

What a reviewer asks to see: Prior written information to workers on CCTV; Camera map excluding rest areas; Audio recording risk justification
Where monitoring plans usually fall short: Covert cameras for performance monitoring; Cameras in canteens
Source: Organic Law on Data Protection and Digital Rights (LOPDGDD), Spain Organic Law 3/2018, read 30 Sep 2026
LOPDGDD Art. 90Employers: tell workers in advance about geolocation systems and their rights

Article 90: employers may process geolocation data for worker control within the legal framework, informing workers and representatives beforehand, expressly, clearly and unambiguously, of the existence and characteristics of the devices and of their rights of access, rectification, restriction and erasure. Collective agreements may add further safeguards for worker data and digital rights (Article 91).

What a reviewer asks to see: Geolocation notice to workers and representatives; Device characteristics description
Where monitoring plans usually fall short: Vehicle tracking outside working hours without notice
Source: Organic Law on Data Protection and Digital Rights (LOPDGDD), Spain Organic Law 3/2018, read 30 Sep 2026
LOPDGDD Art. 87Employers: set device-use criteria with worker representatives and limit access to monitoring compliance and integrity

Article 87: workers and public employees have a right to privacy when using employer-provided digital devices; the employer may access content only to check compliance with work duties and ensure device integrity; employers must set use criteria respecting minimum privacy standards, with worker representatives taking part in drafting them; where private use is allowed, authorised uses must be specified precisely with safeguards such as permitted periods; workers must be informed of the criteria.

What a reviewer asks to see: Device use policy agreed with worker representatives; Worker acknowledgement of the policy
Where monitoring plans usually fall short: Mailbox inspection without a prior use policy; Representatives not consulted
Source: Organic Law on Data Protection and Digital Rights (LOPDGDD), Spain Organic Law 3/2018, read 30 Sep 2026

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