Prosegur and digital rights

Prosegur and digital rights have a problem, as the Provincial Labor Inspectorate in Tarragona opens an infraction report for violating the rights of its workers.

Prosegur’s union section has been denouncing to company representatives the sending of emails and phone calls to workers outside working hours, which fully impacts on digital rights. The union section of Prosegur has been denouncing to company representatives the sending of e-mails and telephone calls to workers outside working hours, which fully impacts on digital rights.

All this implies a clear violation of the right to digital disconnection, since the workers attended these emails or calls because of retaliation by the company.

New procedures

Having expert consultants in data protection / digital rights, is something that should be applied by large companies and you only have to look at the latest cases of H&M (lack of training and control) or Prosegur (lack of advice and control), among others, show that it is not enough to have their own legal department.

The development of Telework / Work Mobility Guidelines for employees as well as Corporate Policies in this area are the solution.

Business Adapter, as data protection consultants to small and medium-sized companies in Valencia, has provided all its clients with this documentation to apply in their businesses and, as detailed below, this would have been sufficient for Prosegur.

Involvement in digital rights

The right to digital disconnection, is a newly created right, regulated in Article 88 of the Organic Law 3/2018, on the Protection of personal data and guarantee of digital rights (hereinafter, LOPDGDD).

This new right burst untimely into our lives when teleworking was imposed as a result of the pandemic as of last March.

Teleworking is presented as a real solution, beneficial for employees and employers, changing work routines, internal procedures, but companies must know how to coexist with the new digital rights and to facilitate it must have experts in data protection.

Sanction

The opinion of specialists, regarding the right to digital disconnection, is that companies cannot force workers to answer calls or respond to emails outside working hours.

But the Inspectorate in the Prosegur case, has gone a step further and considers that the simple sending can already be interpreted as a serious act, in case of not having previously warned workers about their digital rights, such as, for example, that it is not mandatory to respond to emails or calls outside the hours established as working hours.

Hence the importance of the Telework Guidelines for employees and the aforementioned corporate Telework Policy to comply with digital rights.

This circumstance could lead Prosegur to pay a fine as a result of these facts, classified by the Provincial Inspectorate as serious, with a penalty of between 6,251 and 187,000 euros.

There is no need to fear only of the sanction

The media coverage does not help the sanctioned party either; the reputational risk among clients and collaborators can be even worse than the sanction itself.

Data protection experts

Put yourself in the hands of a good Data Protection Consultancy in Valencia and avoid the dreaded sanctions and reputational damage:

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