New mandatory written labor information requirements for companies: what changes in 2026

Key data

If your company hires workers, this Royal Decree directly affects you. The Royal Decree 723/2026 transposes the Directive (EU) 2019/1152 of the European Parliament and of the Council and establishes that, from its entry into force, any company that incorporates a worker must provide them in writing with detailed information about their essential working conditions. It is not a recommendation: it is a legal obligation with mandatory minimum content.

The most disruptive change for many organizations is the obligation to inform about the use of algorithmic systems or artificial intelligence in decision-making that affects the worker. This includes performance management tools, shift assignment, evaluation or any automated process with labor impact.

What does this regulation establish?

RD 723/2026 updates the regulatory framework for contractual information in Spain, repealing Royal Decree 1659/1998, which had been in force for almost three decades. The main changes are:

The regulation requires written information about the essential conditions of the contract at the start of the employment relationship. This is not limited to new contracts: existing employment relationships are also subject to these rights, which implies a retroactive review of existing documentation.

Economic and operational impact

The impact is not direct cost in fees or taxes, but operational and non-compliance risk. Companies must assume:

• Review and update of contract templates to incorporate all mandatory minimum contents required by RD 723/2026.
• Audit of HR technology tools: any software for shift management, performance evaluation, task assignment or automated decision-making must be identified and communicated in writing to workers.
• Review of current contracts: current workers have the right to receive updated information, which may require mass communications to the entire workforce.
• Specific adaptation for the maritime-fishing sector: contracts for fishermen and seafarers must include differentiated mandatory minimum content, which requires specific contract templates for this group.

The real economic risk lies in sanctions for non-compliance with labor regulations. Although RD 723/2026 does not specify concrete penalty amounts in the published summary, non-compliance with labor information obligations falls under the sanctioning regime of the Law on Infractions and Sanctions in the Social Order (LISOS), which can result in inspections and fines.

Who does it affect?

• All companies with workers in Spain, regardless of size or sector.
• HR departments and hiring managers: must review and update hiring processes and contractual documentation.
• Companies using AI tools or algorithms in people management: new and specific obligation to inform about these systems.
• Maritime-fishing sector: shipowners, shipping companies and employers of fishermen and seafarers, with specific mandatory contract content.
• Labor advisors and management firms: must update the contract models they offer to their clients.
• Workers with current contracts: have the right to request updated information under the new framework.

Practical example

A logistics company with 80 employees uses a route and shift management software that automatically assigns weekly schedules and evaluates delivery personnel performance through algorithms. Until now, no contract mentioned this system.

With RD 723/2026, this company must:

1. Include in all new contracts an informative clause about the use of that algorithmic system: what decisions it makes, how it affects the worker and what parameters it uses.
2. Communicate in writing to the 80 current employees the existence and operation of said system, since existing employment relationships are also subject to the new information rights.
3. Review that the rest of the contractual content complies with the new mandatory minimum contents required, replacing models based on the repealed RD 1659/1998.

If the company also operates with sailors or fishermen, it must also prepare contracts with the specific minimum content that RD 723/2026 establishes for that group.

What should companies do now?

1. Audit current contract templates: verify if the models in use are based on RD 1659/1998 (already repealed) and replace them with models compliant with RD 723/2026.
2. Identify all algorithmic or AI systems used in people management: shift assignment, performance evaluation, selection, attendance control, etc.
3. Draft informative clauses about AI/algorithms to include in new contracts and communications to the existing workforce.
4. Communicate to current workers the updated information about their working conditions, in accordance with the new rights recognized by the regulation.
5. Adapt contracts in the maritime-fishing sector if the company operates in this field, incorporating the specific mandatory minimum content for fishermen and seafarers.
6. Coordinate with labor advisory or legal department to verify that the new required deadlines and contents are covered in all hiring processes.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-19200