Spain's Council of State rejects digital time tracking decree – Ministry pressing ahead anyway
Spain’s Council of State has issued a nearly 100-page unfavourable opinion on the government’s proposed mandatory digital time tracking decree, citing excessive costs for businesses, data protection concerns, lack of sector-specific adaptation, and an unrealistic 20-day compliance window. Despite the rejection, Labour Minister Yolanda Diaz has confirmed the decree will proceed with “minor adjustments” to data protection and collective bargaining provisions. CEOE (Spain’s main employer federation) has announced it will challenge the decree in court if approved by the Council of Ministers.
Why this matters for remote workers in Spain: once published in the BOE, all employers – including autonomos tracking their own hours – will have just 20 days to implement a compliant digital time tracking system. Paper records will no longer be acceptable. There is no special treatment for SMEs, despite the Council of State specifically flagging this as a problem. For remote freelancers, the irony is that most already have better time tracking than office workers – if you use Toggl, Clockify, or any project management tool with time logging, you’re likely ahead of compliance already. The bigger impact falls on traditional businesses that still rely on paper sign-in sheets or informal arrangements.
The decree builds on Spain’s existing requirement under Article 34.9 of the Workers’ Statute for employers to maintain daily records of working hours. The new regulation adds requirements for records to be digitally accessible, tamper-proof, and available to workers and the labour inspectorate in real time. Combined with Spain’s remote work law (Law 10/2021), the forthcoming 37.5-hour working week bill, and the RDL 7/2026 sustainable mobility plan requirements, this creates an increasingly detailed compliance framework for employers managing hybrid and remote teams in Spain.
What to watch: the decree needs Council of Ministers approval before publication in the BOE. Once published, the 20-day clock starts. CEOE’s court challenge could result in a suspension, but injunctive relief in Spanish administrative law is not automatic. For autonomos and small employers, the safest approach is to start evaluating digital time tracking tools now rather than waiting for the BOE publication. See our Spain remote work guide for the full compliance picture.