Council of State opinion on digital time tracking in Spain

Spain’s Consejo de Estado (Council of State) has issued an unfavorable opinion on the Royal Decree for digital time tracking promoted by the Ministerio de Trabajo (Ministry of Labour). The document, approved on March 19th, criticizes several aspects of the text but is not binding: the Government can proceed with its approval.

What this opinion does confirm is that digital time tracking is coming — and companies that haven’t prepared yet are going to be late.

The opinion’s criticisms

The Consejo de Estado acknowledges that the objective is positive — ending unpaid overtime and ensuring schedule compliance — but requests changes in execution:

Economic impact

The opinion estimates the cost at €867 million per year (€55.4 per worker × 15.6 million workers). It considers that the Ministry’s regulatory impact assessment underestimates the cost for businesses and public administrations.

A relevant data point: those €55.4 per worker per year amount to €4.6 per month. There are digital time tracking solutions on the market from €1.50 per employee per month. The real cost for an SME is considerably lower than the aggregate figures suggest.

Legal form

The Council considers that some aspects of the decree go beyond what a regulation can cover and should be approved through legislation. This is the most relevant technical objection, as it could provide grounds for a subsequent legal challenge.

Data protection

In line with the AEPD’s (Spanish Data Protection Authority) prior report, the opinion calls for more specificity on how workers’ data will be protected, especially regarding remote access by the Inspección de Trabajo (Labour Inspectorate).

Sectoral adaptation

It requests that the specificities of sectors with atypical working hours be considered and that a one-size-fits-all system not be imposed without room for adaptation.

What the Ministry said

The Ministerio de Trabajo defends the regulation: “It is incomprehensible that anyone would oppose an instrument whose purpose is to ensure that the law is upheld in our country, and that companies that abuse their workers’ hours do not compete unfairly with the rest.”

It also notes that strengthening time tracking is part of the coalition agreement between PSOE and Sumar, and that both trade unions (CCOO and UGT) and the Consejo de Estado itself view the objective positively.

What does NOT change

There is a fundamental point that this opinion does not alter:

The obligation to track working hours has existed since 2019. Article 34.9 of the Estatuto de los Trabajadores (Workers’ Statute) requires all companies to record each employee’s working hours. The Inspección de Trabajo already sanctions non-compliance, with fines from €625 to €7,500 per serious violation.

What the Royal Decree does is tighten the technical requirements: digital system, unalterable records, remote access for the Inspectorate. But the underlying obligation does not depend on this decree.

Why this opinion should accelerate your decision

Uncertainty about the timeline is not a reason to wait. It’s exactly the opposite:

1. The decree will be approved. With or without modifications. The opinion is not binding. The Government has made clear it will defend the regulation. The question is not whether it arrives, but when and with what nuances.

2. The later you act, the more pressure. If the decree is approved tomorrow, companies without a digital system will have to implement one in a rush. And rushing is expensive — in price, in mistakes, and in penalties in the meantime.

3. Companies that already have a digital system won’t need to change anything. If your software already records clock-ins digitally, with hour and minute, change traceability, and employee access, the future decree’s requirements won’t catch you off guard. The technical foundations are the same ones already known from the Royal Decree draft.

4. The Inspectorate isn’t waiting for the decree. Working time inspections are already happening. Under current regulations. And the penalties are real.

What to expect from here

The Government has three options:

1. Approve the decree with modifications — Most likely. Incorporate the more technical observations (transition period, data protection) and approve.
2. Approve as-is — Possible but legally risky.
3. Convert into a bill — Requires a parliamentary majority; this is the slowest scenario.

The direction hasn’t changed: mandatory digital time tracking, stricter requirements, greater enforcement capacity. This opinion doesn’t stop anything — it only adds nuance to the how.

Prepare before, not after

Companies that implement a digital system now will be in the best possible position when the decree is approved: no rush, no extra costs, and with their employees already accustomed to the system.

Try Cleverfy free for 14 days — Digital time tracking with app-based clock-in, unalterable records, and full traceability. Everything the future Royal Decree will require, available today. Check our guide on the Digital Time Tracking Royal Decree to learn about all the draft requirements.

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Legal note: This article is for informational purposes only and does not constitute legal advice. The Consejo de Estado’s opinion is non-binding. The Royal Decree is pending a final decision by the Government.

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Sources: El País, elDiario.es