Law / Spain

Estatuto de los Trabajadores Article 64.4.d), Algorithmic Management Works Council Information Right

Ley 12/2021 de 28 de septiembre, articulo unico.Uno, inserting art. 64.4.d) into the Texto Refundido de la Ley del Estatuto de los Trabajadores (Real Decreto Legislativo 2/2015) (BOE-A-2021-15767)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

What follows is LexLint's own research summary of this law, not legal advice.

In force since 30 September 2021.

An AI sector rules rule binding private bodies.

As of 2 September 2026.

What it requires

  • Inform the works council of the parameters, rules, and instructions on which any algorithm or AI system that affects decisions on working conditions, access to employment, or continued employment is based, including any profiling, per Estatuto de los Trabajadores Article 64.4.d).

What it makes you log

What the log must hold

Decision basis

Logging duty

The company cannot inform the works council of the parameters, rules and instructions an algorithm or AI system is based on without documenting what those parameters, rules and instructions are, and that documentation persists for as long as the same system continues to affect working conditions, access to employment or continued employment, unlike a one-off notice tied to a single transaction. The article states no retention period. The party entitled to the information is the works council (comité de empresa).

Kind
Implicit
As of
22 September 2026
Provision
Estatuto de los Trabajadores Article 64.4.d), as inserted by Ley 12/2021
Trigger
automated_decisions

Who checks it

Audit expectation

none

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

A works council has the right to be informed by the company of the parameters, rules, and instructions on which an algorithm or artificial intelligence system that affects decisions on working conditions, access to employment, or continued employment is based, including profiling, per new Article 64.4.d) of the Estatuto de los Trabajadores.

The obligation was introduced by Ley 12/2021, which formally replaced the earlier Real Decreto-ley 9/2021 (the so-called Ley Rider) after parliamentary processing, carrying the same substantive text forward.

When LexLint raises it

  • high_risk_decisions

Read the law

BOE, consolidated text of Ley 12/2021

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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