Infringement of the right to digital disconnection
MAY 27, 2024
A Company was sentenced to pay a compensation in the amount of EUR 300 to an employee for non-pecuniary damages arising from the infringement of his right to digital disconnection, because the employee i) received several e-mails (approx. 10 in 4 months) both from the company and from cooperating third parties (service provider for occupational health and safety) and ii) a WhatsApp message, all of them outside of his working hours and to his private e-mail address and private phone number. Although the company neither required the employee to read the messages nor to immediately respond, the employee had only authorised the company to send him communication related to his trade union duties to his private e-mail account/ phone number. In addition, the company was sentenced to pay a further compensation of EUR 700 for breach of the employee's personal data protection, since the employee did not give his consent for the company to provide his personal data to third parties. Appellate Court of Galicia, March 4, 2024.
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