Proposed legislative changes to the Time Record and the GDPR: Towards a mandatory digital system
The Government has launched a reform that will directly affect the monitoring of working hours in all companies.
The most significant measure is the mandatory implementation of a digital time recording system that is reliable, unalterable and accessible to both the Labour and Social Security Inspectorate (ITSS) and the workers themselves.
Main changes
- The possibility of using manual or unreliable systems (paper, Excel) will disappear.
- Digital time recording will be mandatory and must be kept for 4 years.
- Data processing security is reinforced in compliance with the General Data Protection Regulation (GDPR).
- A reduction in the working week to 37.5 hours is also being considered, a measure still pending parliamentary approval.
- Penalties for non-compliance are being tightened and may range from €1,000 to €10,000 per worker.
Current legislation
- Workers' Statute (Royal Legislative Decree 2/2015), art. 34.9: obligation to record daily working hours.
- Royal Decree-Law 8/2019: reinforces the obligation to record working hours in all companies.
- General Data Protection Regulation (GDPR - EU 2016/679) and LOPDGDD (Organic Law 3/2018): guarantee security in the processing of time recording data.
Status of the process
The reform is currently in the parliamentary phase, although the Executive is considering approving mandatory digital recording by Royal Decree (RD).
This could bring forward its entry into force to 2025, with an adaptation period until the end of that year.
Where to consult the drafts
Draft law to reduce the maximum length of the ordinary working day and guarantee the recording of working hours and the right to disconnect.
| Proyecto Ley 20250516 Congreso Diputados | 189 KB |
