Do I need my employees' consent?

As a general rule, no. According to the Spanish Data Protection Agency (AEPD), article 34.9 of the Workers' Statute is itself a sufficient basis for the processing, because it is needed to meet a legal obligation (GDPR article 6.1.c).

Spain's time-tracking law: what the registro horario requires

Yes, keeping a record of working hours has been mandatory in Spain since 12 May 2019. Every employer must record, each day, the exact start and end time of each worker's working day, keep those records for four years and make them available to the workers, their representatives and the Labour Inspectorate.

Reviewed on 9 November 2026 against texts from the BOE, the AEPD and the Ministry of Labour. This is not legal advice.

What exactly does the law say?

Article 34.9 of the Workers' Statute says (our translation) that the employer "shall guarantee the daily record of working hours, which must include the exact start and end time of each worker's working day".

It was introduced by Royal Decree-law 8/2019, published in the BOE on 12 March 2019, and has applied since 12 May 2019. The record is organised by collective bargaining or company agreement or, failing those, by the employer's decision after consulting the workers' legal representatives.

Source: Workers' Statute, article 34.9 (BOE, consolidated text, in Spanish) · Royal Decree-law 8/2019, sixth final provision (BOE, in Spanish)

What must be recorded?

The exact start and end time of each worker's working day, every day. Article 34.9 lists no other data and does not mention the DNI (national ID number).

The Ministry of Labour's draft royal decree would extend this content, for example with breaks and whether the day is worked on site or remotely. We explain it below.

Source: Workers' Statute, article 34.9 (BOE, consolidated text, in Spanish) · Ministry of Labour: draft royal decree on the registro de jornada (consultation portal, in Spanish)

How long must it be kept, and who can see it?

Four years. During that time the records must be available to the workers, their legal representatives and the Labour and Social Security Inspectorate.

The law does not specify through which channel they must be made available.

Source: Workers' Statute, article 34.9 (BOE, consolidated text, in Spanish)

Are paper or Excel acceptable?

Spanish law sets no format. According to the Ministry of Labour, the judgment of the Court of Justice of the European Union of 14 May 2019 (case C‑55/18) already requires the record to be objective, reliable and accessible.

The preamble of its draft royal decree explains this, describing those requirements as already enforceable ("ya exigibles"). With paper or a spreadsheet it is harder to show who changed a record and when.

Source: Ministry of Labour: draft royal decree on the registro de jornada (consultation portal, in Spanish)

Can employees clock in with fingerprints or facial recognition?

The AEPD concludes in its November 2023 guide that, at that date, Spain had no rule with the rank of law allowing biometric data to be used for the registro de jornada, and that the worker's consent cannot lift that prohibition.

The AEPD treats biometric presence control as high-risk processing and asks for less intrusive alternatives. That is why Mi Registro Horario uses no biometrics: people clock in from their phone or computer.

Source: AEPD: guide on presence control with biometric systems, November 2023 (in Spanish)

What is the fine for not keeping the record?

Not keeping it is a serious infringement under article 7.5 of the Law on Infringements and Sanctions in the Social Order (LISOS), with fines from €751 to €7,500 depending on the degree (article 40.1.b).

The bands are: minimum degree, €751 to €1,500; medium degree, €1,501 to €3,750; maximum degree, €3,751 to €7,500.

Source: Law on Infringements and Sanctions in the Social Order, articles 7.5 and 40.1.b (BOE, consolidated text, in Spanish)

Will the law change? The draft digital record

The Ministry of Labour has prepared a draft royal decree that would require the record to be kept digitally. It is a draft: it had not been published in the BOE when we checked on 9 November 2026, so it is not in force.

Under the draft, the record would be digital and personal; it would include breaks, whether the day is on site or remote and the type of hours; it would show who modified each record; and it would give workers and their representatives immediate access, and the Inspectorate remote access. It would enter into force twenty days after publication.