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)
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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.