New digital clock-in law 2026: where it stands, what it will require and how to prepare

Spain’s new digital clock-in law 2026 is, as of today, a Royal Decree still being processed: on 15 September 2026 it has still not been published in the Official State Gazette (BOE). The Council of State issued an unfavourable opinion on 23 March 2026 and the Ministry of Labour announced on 9 September that it would approve it “immediately”, without a date. In the meantime, what binds your SME is the rule that has been in force since 2019: the daily working-time record of article 34.9 of the Workers’ Statute. In this article we separate what is already mandatory from what the new text will require, and explain how to prepare so that publication in the BOE does not catch you switching systems in a rush.

What is already in force: the working-time record of article 34.9

Since 12 May 2019, under Royal Decree-Law 8/2019, every company must:

• Record every day the start and end time of each worker’s working day.
• Keep the records for four years, available to workers, their representatives and the Labour Inspectorate.
• Organise and document the system through collective bargaining or a company agreement, or by employer decision after consulting the workers’ legal representatives.

The rule does not impose a format: today paper or a spreadsheet are legal if the record is reliable, daily and available. What the Inspectorate challenges in practice are records with no traceability (sheets filled in at month end, theoretical schedules copied over) because they do not prove actual working time. Non-compliance is a serious infringement under article 7.5 of the LISOS, fined between €751 and €7,500 depending on the degree, and often comes with a claim for unrecorded overtime. See our table of time-tracking penalties for the detail.

What the digital working-time record decree will require

The text the Government is processing, under article 34.9 of the Workers’ Statute, changes the “how” of the record. According to the known draft:

1. Exclusively digital record. Paper and spreadsheets without change control disappear.
2. Immutability and traceability. Every entry is timestamped and any correction leaves a trace of who, when and why.
3. Remote access for the Labour Inspectorate and workers’ representatives to the records, in real time and without travelling.
4. Identification of the worker at every clock-in, recording start, breaks and end.
5. Penalties per worker affected, with amounts of up to €10,000, instead of a single fine per company.

These are the draft’s new features, not obligations in force. The Council of State’s opinion questioned, among other things, the entry-into-force period of only twenty days and the impact on small businesses, so the final text may change in its details. What will not change is the direction: a digital, tamper-proof record that can be consulted remotely.

Paper, Excel and biometrics: what happens with each method

• Paper. Legal today if reliable and daily; banned once the Royal Decree takes effect. In practice it is the method with the most infringement reports, because it rarely reflects actual hours.
• Excel or spreadsheets. Same case: legal today, no future under the Royal Decree, and with the added problem that anyone can edit them without leaving a trace.
• Generic apps (messaging, calendars, forms). They guarantee neither identification nor immutability; they are of little use in an inspection.
• Biometrics (fingerprint, face). The Spanish Data Protection Agency published in November 2023 a guide on attendance control with biometric systems that requires an impact assessment and considers it hard to justify their proportionality for clocking in. Before deploying them you need a non-biometric alternative.

How to prepare without waiting for the BOE

The simplest approach is to already have time-tracking software that meets the current rule and the requirements the draft points to. Make sure it:

• Identifies the worker at every clock-in (username, PIN, card or app) and records start, breaks and end.
• Timestamps every record in a way the user cannot alter, and audits corrections with date, author and reason.
• Exports verifiable reports in PDF and CSV, ready for the Inspectorate or the workers’ representatives.
• Works offline and syncs when the connection returns, so an outage leaves no gaps in the record.
• Charges per employee per month, with no lock-in, so adapting to the final text does not force you to renegotiate an annual contract.

LapsoWork covers these points from the Basic plan, at €2 per employee per month, with iOS and Android apps, an optional kiosk tablet, audited PDF and CSV export and free migration from Excel. And if your collective agreement or a future law also shortens the working week, our article on what changes with the 37.5-hour week explains how to prepare.

Summary: readiness checklist

1. Check that you record working time every day today and keep the records for four years: that is what article 34.9 already requires.
2. If you clock in on paper or Excel, switch to a digital system with traceability before the Royal Decree sets the deadline.
3. Document the system with the workers’ representatives and communicate it to staff.
4. Train the team on the new method; one hour is usually enough.
5. Watch for publication in the BOE: when it comes out, check the adaptation period and the final requirements against your system.

Frequently asked questions

Is the new digital clock-in law in force?

No. As of 15 September 2026 the Royal Decree on the digital working-time record has still not been published in the BOE. The Council of State issued an unfavourable opinion on 23 March 2026 and the Ministry of Labour announced on 9 September that it would approve it immediately, without a specific date. What is in force is the daily working-time record of article 34.9 of the Workers’ Statute, since May 2019.

Is it legal to clock in on paper or Excel today?

Yes, as long as the record is daily, reliable and available to workers and the Inspectorate for four years. The Royal Decree being processed will ban these methods when it takes effect, and the Inspectorate already challenges records without traceability because they do not prove actual working time.

What is the fine for not keeping a working-time record?

Today it is a serious infringement under article 7.5 of the LISOS, fined between €751 and €7,500 depending on the degree, plus the claim for unrecorded overtime. The draft Royal Decree proposes calculating the penalty per worker affected, with amounts of up to €10,000, but that rule is not in force.

What about the 37.5-hour week?

It is a separate reform. Congress refused to process it on 10 September 2025 and the maximum legal working week remains 40 hours on average over the year, except where a collective agreement sets otherwise. The digital working-time record is being processed separately as a Royal Decree.

Conclusion

The new digital clock-in law is not yet in the BOE, but its direction is clear and the current rule already requires recording working time every day. Preparing means having today a digital, tamper-proof, exportable system that complies with article 34.9 and will not need replacing when the Royal Decree is published. With LapsoWork you can have it ready in 48 hours, including migration of your Excel data, and if you are not convinced within 30 days you leave without paying anything: try LapsoWork for free.