Impacto teórico-práctico del BYOD en el derecho del trabajo

«Propertarianism» has been the prevailing vision that Spanish courts have adopted for the legal labour analysis of new technologies, but the use of personal mobile devices for professional purposes, known as Bring Your Own Device (BYOD), breaks this paradigm. The object of this study is the legal labour analysis of BYOD and, in particular, the following issues are examined: concept, advantages and risks (both for the employer and employee) of the BYOD; the three main relationships established between the BYOD and the Spanish labour law (non-conditioning, independence and contraposition or rupture) and the five main analytic perspectives of BYOD for Spanish labour law (data subject rights; privacy rights; right to confidentiality of communications; right to conciliation between private-family and professional life and the so-called «right to disconnect»; and finally the employer’s unjust enrichment). Its final aim is to establish theoretical-practical foundations on BYOD in Spanish labour law and to take into consideration whether a nascent and underlying narrative on how to observe the new technologies from this discipline may be allowing us not to focus on «less technological» phenomena, such as BYOD, which may be assuming a systematic violation of employees’ rights.