Spain’s Royal Decree 723/2026 adds workplace algorithm disclosures

Spain’s Royal Decree 723/2026 took effect on October 5, 2026, requiring employers to give workers written information about algorithmic or automated systems that determine or change specified working conditions. The Spanish decree partially transposes Directive (EU) 2019/1152 on transparent and predictable working conditions.

Which workplace decisions are covered

The decree applies within the scope of Spain’s Workers’ Statute. Its general information rules cover employment relationships lasting more than four weeks. The listed areas are the duration or distribution of working time, task assignment, wages, career progression, work location and termination of employment—when an algorithmic or automated system determines or changes those conditions.

What employers must explain and when

For covered decisions, employers must provide written information about the system’s existence and its relevant guidelines, criteria and operating rules. Article 3.2(k) specifies those details; it does not expressly require disclosure of source code.

For a new employment relationship, the information is due before the relationship begins. If the worker’s written contract already contains it, that satisfies the requirement. Employers may provide the information on paper or electronically, provided the worker can access, store and print it and the employer retains proof of transmission or receipt.

If covered working conditions change, employers must provide written information as soon as possible and no later than the day the change takes effect.

What existing workers can request

A worker whose employment relationship was already in force when the decree took effect may request information they do not already have. The employer must provide it within 30 business days of the request.

How the individual duty differs from Spain’s 2021 rule

Spain’s 2021 Royal Decree-law 9/2021 gave the works council a right to information about parameters, rules and instructions behind algorithms or AI that could affect working conditions or access to or continuation of employment, including through profiling. Royal Decree 723/2026 adds written information for individual workers as part of the disclosure of essential employment terms.