Participation of the RLT in the device use policies
Participation of the RLT in the device use policies
If your company has Legal Workers’ Representatives, they must participate in the policies on the use of digital devices made available to employees by the company.
This is a further chapter corresponding to the Digital Rights established in the Organic Law on the Protection of Personal Data and Guarantee of Digital Rights(LOPD-GDD), 3/2018, of December 5.
The use of digital devices in the workplace
The use of digital devices in the development of our work has become a daily sign, as well as the guidelines developed by the companies where they inform workers on how to proceed with the use of such digital devices.
To this end, companies draw up internal policies, such as for the use of company e-mail, computers or cell phones, access to the contents of their own devices, the Internet, among others.
These policies must be made known to employees, as well as any modifications that are developed after their initial approval.
These policies for the use of digital devices must guarantee the rights to privacy protection of employees in the use of digital devices made available to them by their employer, as provided for in art. 87.1 of the LOPDGDD.
The ODR will guarantee digital rights and legitimize standards
It is very important to remember that the company has the legal obligation to have the participation of workers’ representatives in the development of policies for the use of digital devices in the workplace, made available by the company, as indicated in paragraph 3 of art. 87 of the LOPDGDD.
The participation of workers’ representatives will guarantee the right to the protection of workers’ privacy and will give legitimacy to the policies finally approved by the company, avoiding claims and legal responsibilities that will have to be assumed if this is not complied with.
Despite what might be thought, not having the participation of the workers’ representatives in this task can cause the company legal problems, since it is a legal imperative for the company and is not a discretionary matter.
This point is totally clear and defined in the recent judgment of the Supreme Court, Social Division, dated February 6, 2024(Appeal No. 263/2022) where the Supreme Court dismissed the appeal filed by the company, as well as the sentence to costs.
Business Adapter® at your service
If your company has Legal Workers’ Representatives, ask them to adhere to the Security Policies that Business Adapter® has elaborated for you, signing an accrediting document and send it to your consultant for registration and filing.
If you need further assistance, please contact us by email: info@businessadapter.es, you can also call 96 131 88 04, or leave your message in this form:
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