News
July 21, 2025

The €7.5k WhatsApp Mistake

By Alfredo Bloy-Dawson

Spain’s Ministry of Labour is enforcing the “right to disconnect” more strictly. Companies can be fined up to €7,500 for contacting employees during holidays or outside working hours. Spain’s right is tied to its 2021 remote-work law.

Does This Law Apply to Self-Employed Agents?

Usually, no. If your agents are self-employed (autónomos):

  • They set their own hours.

  • They invoice you as independent professionals.

In these cases, there is no formal employer-employee relationship. Contacting them during holidays or weekends does not break the law.

When the Law Might Apply

Be careful if:

  • An agent gets most of their income from your agency.

  • You control their work hours or daily tasks.

  • They operate more like employees than independent contractors.

If any of these are true, labour authorities might decide the agent is actually an employee (a falso autonomo). This could lead to fines or inspections, a whole other story…

What About Office Staff?

If you have assistants, receptionists, or admin staff on payroll, the law does apply. You must:

  • Respect their time off.

  • Avoid contacting them outside working hours, except for emergencies and only if previously agreed.

ScenarioDoes the law apply?
You’re a solo agent working 24/7❌ No – you’re only affecting yourself
You have a virtual assistant on contract✅ Yes – respect their time off
You lead a small team of agents✅ Yes – you must follow the law like any employer
You work under a larger agency as autónomo❌/✅ Possibly – depends if the agency treats you like an employee and sets your schedule

What is considered “contact”

  • Phone calls

  • Emails

  • Text messages

  • WhatsApp (or other messaging apps)

  • Work-related communication in group chats

…so yes: WhatsApp messages in group chats can count as “contact” if:

  • They are sent outside working hours or during the employee’s vacation, and
  • They are work-related, such as:

    • New property listings

    • Meeting reminders

    • Sales targets or performance updates

    • Client updates or task assignments

Source: eleconomista.es

About the author

Alfredo Bloy‑Dawson is a seasoned real estate marketing consultant based in Marbella, Spain. Drawing on over a decade of experience, including seven years as Marketing Director at a leading Spanish real estate marketing agency, he now collaborates with top-tier real estate agencies, property developers, and property portals across Spain -most notably on the Costa del Sol - to craft marketing strategies.

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