Labor protection in the face of the digital divide: legal challenges arising from technological inequality

Abstract

In the digitalisation of employment, the digital divide emerges as a novel form of inequality within the Spanish labour market, distinguishing between gaps in access to, usage of, and effective exploitation of technologies. In line with the concept of technological inequality at work, the article examines its manifestations in access to employment, occupational segmentation, and teleworking arrangements, with particular emphasis on disparities arising from gender, age, territorial, and class-based factors. Upon this foundation, the international, European, and Spanish regulatory framework is reviewed (including the European Social Charter, Digital Decade Strategy, AI Regulation, Workers' Statute, Organic Law 3/2018, Law 10/2021, Law 3/2023, and collective bargaining) and remedial proposals are advanced, centring on equal digital opportunities, algorithmic transparency, and enhanced safeguards for vulnerable groups.