AN - SAN 487/2024
| AN - SAN 487/2024 | |
|---|---|
 | |
| Court: | AN (Spain) |
| Jurisdiction: | Spain |
| Relevant Law: | 19.7 III Convenio colectivo de ámbito estatal del sector de contact center |
| Decided: | 05.02.2024 |
| Published: | |
| Parties: | |
| National Case Number/Name: | SAN 487/2024 |
| European Case Law Identifier: | ECLI:ES:AN:2024:487 |
| Appeal from: | |
| Appeal to: | Not appealed |
| Original Language(s): | Spanish |
| Original Source: | CENDOJ (in Spanish) |
| Initial Contributor: | Teresa.lopez |
A Spanish court held that despite individual contracts between employees and employers, mandating the use of personal phones for 2-factor authentication purposes infringed upon more protective data protection measures established by collective bargaining, rendering it unlawful.
English Summary
Facts
On 29 November 2023, the Spanish trade union CCOO initiated legal action against the controller concerning a collective labor dispute.
In response to the pandemic, some employees of the controller transitioned to telecommuting arrangements. The controller proposed a telecommuting agreement, which the Workers' Legal Representation did not accept, ending the negotiation process without consensus. The controller then entered into individual agreements with the employees regulating, among other topics, the use of personal devices of employees for 2-factor authentication purposes (2FA).
The Worker’s Legal Representation brought proceedings before the court seeking annulment, among others, of the clause that mandated the employee to provide their cell phone numbers for receiving SMS messages and/or accessing applications to confirm identity during established working hours.
Holding
The court held that the clause was void since, according to Article 19.7 of the sectorial worker's agreement, workers' personal tools, applications, or devices are prohibited even for using two-factor authentication systems.
If a two-factor authentication system is deemed necessary, the controller should furnish the requisite tools and means, rather than relying on workers' personal devices. In exceptional cases and exclusively for this purpose, if the employee refuses the tool provided by the company, they may consent to use devices or tools of their own.
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English Machine Translation of the Decision
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
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