GPS and worker monitoring, country by country
GPS and worker monitoring in Spain
what you need to stay compliant
Updated on June 15, 2026
Competent authority
AEPD (Agencia Espanola de Proteccion de Datos)Verified on June 15, 2026
What you risk
200,000 โฌfrom a real GPS case
Updated on June 15, 2026
What you need
6For each obligation we tell you whether it applies in this country: Yes means required, It depends means only in certain cases, No means not required.
What you need
For each obligation we tell you whether it applies in this country: Yes means required, It depends means only in certain cases, No means not required.
Express, clear and unambiguous information to workers before activation (LOPDGDD art. 90)
YesrequiredArticle 90 LOPDGDD allows the processing of geolocation data for the monitoring powers under art. 20.3 of the Workers' Statute, but only after expressly, clearly and unambiguously informing the workers (and, where they exist, their representatives) about the existence and characteristics of the devices and about their rights.
Ley Organica 3/2018 (LOPDGDD), art. 90 (geolocalizzazione sul lavoro)
Information to the workers' representatives (Estatuto art. 64)
It dependsonly in certain casesArticle 64 of the Statute gives the works council the right to be informed and to issue a prior report on the introduction of systems for the organisation and monitoring of work. It applies only where workers' representatives exist.
Authorisation from a labour authority before installation
Nonot requiredSpain does not require an administrative authorisation or one from a labour authority to install a geolocation system. The safeguards are the information under art. 90 LOPDGDD, the information to the representatives (art. 64) and the GDPR.
Ban on continuous surveillance: minimisation and proportionality
YesrequiredThe AEPD requires geolocation to be proportionate and not used for permanent surveillance; if the purpose is time recording, the data may indicate only the start and end of the activity, not the position at every moment, and the system must not be operational once the working day is over.
AEPD, guida sulla protezione dei dati nei rapporti di lavoro
Data protection impact assessment (DPIA) for systematic and exhaustive geolocation
YesrequiredThe AEPD list includes, among the processing operations requiring an impact assessment, those involving the observation, monitoring, geolocation or control of the data subject in a systematic and exhaustive manner.
AEPD, lista dei trattamenti che richiedono una valutazione d'impatto (art. 35.4 GDPR)
Valid legal basis (art. 20.3 Statute / performance of the contract, GDPR art. 6)
YesrequiredThe processing is based on the employer's power of control (art. 20.3 Statute) and on the performance of the employment relationship, within the limits of the GDPR; a broader purpose that would allow the continuous observation of workers is not permitted.
The procedure, step by step
Inform the workers expressly, clearly and unambiguously before activation (art. 90 LOPDGDD).
If workers' representatives exist, inform them and obtain their prior report (art. 64 Statute).
Define a valid legal basis (power of control art. 20.3 Statute / performance of the contract).
Carry out the impact assessment (DPIA) if the geolocation is systematic and exhaustive.
Configure the system with minimisation: no continuous surveillance, deactivation outside working hours; if time recording is needed, only start and end.
If you switch systems: when you change your monitoring system or software, update and re-issue the privacy notice, and check whether the national agreement or authorisation for remote monitoring needs renewing. The provider (data processor), the data collected and the methods often change: the one provided earlier is not enough.
Who to contact
AEPD (Agencia Espanola de Proteccion de Datos)
For private companies the competent authority is always the national AEPD. Some autonomous communities (Catalonia APDCAT, Basque Country AVPD) have their own authority, but it concerns mainly the region's public sector.
Verified on June 15, 2026
The template to download
Download the free GPS privacy notice template for Spain
Employee geolocation privacy notice template, compliant with GDPR Art. 13, including the countryโs legal basis and supervisory authority. Fill in the blank fields and have it checked by your advisor.
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AEPD against Ares Capital S.A. (PS/00454/2024), 4 March 2026: the company required drivers to install on their personal phone apps that continuously collected geolocation (as well as photos and audio/video). Breach of minimisation (art. 5.1.c), of the legal basis (art. 6.1, consent not freely given) and of the information duty (art. 13 GDPR).
Cite this page
You're free to cite it, as long as you credit the source with a link to this page.
GPS and worker monitoring in Spain: what you need to stay compliant - GeoTapp. https://geotapp.com/en-us/resources/gps-workers-eu/spain/Source: <a href="https://geotapp.com/en-us/resources/gps-workers-eu/spain/?utm_source=citazione&utm_medium=referral&utm_campaign=risorse">GPS and worker monitoring in Spain: what you need to stay compliant - GeoTapp</a>ยฉ 2026 GeoTapp. Data compiled and verified by GeoTapp. For full republication of the dataset or commercial use, get in touch.
Sources
- Ley Organica 3/2018 (LOPDGDD), art. 90 (geolocalizzazione sul lavoro)
- Estatuto de los Trabajadores, artt. 20.3 e 64
- AEPD, FAQ sul GPS nelle auto aziendali usate dai lavoratori
- AEPD, lista dei trattamenti che richiedono una valutazione d'impatto (art. 35.4 GDPR)
- AEPD, guida sulla protezione dei dati nei rapporti di lavoro
- AEPD, sanzione PS/00454/2024 (Ares Capital, 200.000 โฌ)
- Regolamento UE 2016/679 (GDPR)
This is an informational resource, not legal advice. Before activating a monitoring system, have your situation checked by a professional.
Want a system that is already compliant?
GeoTapp records the location only at clock-in, not continuously, and generates the notice for workers to sign. Try it for free.