SpainReal Decreto 723/2026 Article 3(2)(k), Written Notice to Workers of Algorithmic and Automated Decision-Making Systems
Real Decreto 723/2026, de 9 de septiembre, art. 3.2.k) (BOE-A-2026-19200)
In force since .
An AI sector rules rule binding public and private bodies.
As of .
What it requires
- Inform each worker in writing, before the employment relationship begins, that algorithmic or automated decision-making systems exist (Real Decreto 723/2026, Article 3(2)(k) and Article 7(1)).
- Where such a system is used to decide working hours, task allocation, pay, career progression, place of work or termination of the contract, include the system's guidelines, criteria and operating rules in that information.
- For a worker already employed on who asks for it, provide the information within thirty working days of receiving the request, unless the worker already holds it.
- Give the information on paper or in electronic form that is accessible to the worker and can be stored and printed, and keep proof that it was transmitted or received (Article 6(2)).
What this law does
Real Decreto 723/2026 is the decree that transposes Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union. Article 3(2)(k) requires the company to inform each worker in writing of the existence of algorithmic or automated decision-making systems.
Where those systems are used to decide matters such as working hours, task allocation, pay, career progression, place of work or termination of the contract, the information must include their guidelines, criteria and operating rules. The information on the elements in Article 3 must be given before the employment relationship begins.
For an employment relationship already in force when the decree entered into force, the company must provide the Article 3 information on the worker's request within thirty working days of receiving it, unless the worker already holds it. The decree applies to all companies and workers covered by Article 1 of the Estatuto de los Trabajadores. Chapter II, which holds the information duty, applies only to employment relationships lasting more than four weeks.
The decree entered into force on . The decree's own text sets its entry into force twenty days after its publication in the Boletin Oficial del Estado.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.