Key data
| Regulation | Resolution of October 26, 2026, from the General Technical Secretariat, publishing the Agreement between the INSS, the TGSS, the Autonomous Community of Euskadi and Osakidetza-Basque Health Service, for the transfer of information on affiliation matters |
|---|---|
| Publication | November 2, 2026 |
| Entry into force | November 2, 2026 |
| Affected parties | Workers affiliated with Social Security residing in Euskadi, Osakidetza doctors, INSS and TGSS |
| Category | Social Security |
| Year | 2026 |
| Legal basis | Art. 77.1 TRLGSS and Law 40/2015 on inter-administrative cooperation |
| Data protection framework | GDPR and Spanish data protection regulations |
Until now, when a worker went to their Osakidetza doctor to request sick leave, the physician made decisions based solely on what the patient told them about their work. This changes with the agreement published on November 2, 2026.
The General Treasury of Social Security (TGSS) will transfer affiliation and occupation data to the National Institute of Social Security (INSS), which will transmit it to Osakidetza-Basque Health Service. The objective: for the doctor to have objective and verifiable information about the worker's usual work at the time of issuing the temporary incapacity (IT) sick leave certificate. The agreement is based on article 77.1 of the Consolidated Text of the General Social Security Law (TRLGSS) and on the inter-administrative cooperation framework of Law 40/2015.
What does this regulation establish?
The agreement articulates an information flow between three organizations so it reaches the doctor issuing the sick leave:
| Organization | Role in the agreement | Data handled |
|---|---|---|
| TGSS (General Treasury of Social Security) | Information provider | Worker's affiliation and occupation data |
| INSS (National Institute of Social Security) | Intermediary transmitter | Receives from TGSS and transmits to Osakidetza |
| Osakidetza-Basque Health Service | Recipient and end user | Consults data when issuing IT sick leave certificates |
The agreement involves the processing of sensitive personal data (labor and affiliation data linked to health), so the entire operation must comply with the General Data Protection Regulation (GDPR) and Spanish data protection regulations.
Before this agreement, there was no formal channel that allowed Osakidetza doctors to access this information. The agreement represents progress in coordination between Social Security and regional health services, with two stated objectives: reduce fraud in temporary incapacity and improve diagnostic accuracy when issuing sick leave.
Economic and operational impact
The agreement does not establish new direct economic burdens for companies or workers. Its impact is mainly operational and risk management:
- For workers: the doctor will have objective data about their actual occupation before issuing sick leave. This can influence the assessment of temporary incapacity, especially in cases where physical effort or working conditions are determining factors.
- For companies with workers in Euskadi: greater accuracy in issuing sick leave can reduce litigation and conflicts around IT management. It can also have an indirect impact on reducing fraudulent absenteeism, which benefits companies that bear replacement costs.
- For Osakidetza and the Basque health system: it represents an improvement in the quality of information available to physicians, with no additional cost declared in the agreement.
- In terms of data protection: companies are not a direct part of the data flow, but the data of their workers affiliated in Euskadi will be what is transferred. No specific action is required from employers in the agreement text.
Who does it affect?
- Workers affiliated with Social Security residing in Euskadi who request sick leave for temporary incapacity through Osakidetza.
- Osakidetza-Basque Health Service doctors who issue IT sick leave certificates: will have new affiliation and occupation information available.
- INSS and TGSS: as organizations that manage and transmit data under the agreement framework.
- Companies with employees in Euskadi: indirectly, since the affiliation data of their workers is what is transferred, and the management of IT sick leave can be affected in terms of accuracy and fraud control.
- Health Department of the Basque Government and the Autonomous Community of Euskadi, as signatory parties to the agreement.
Practical example
A worker at a construction company in Bilbao goes to their Osakidetza doctor with back pain and requests sick leave. Until November 2, 2026, the doctor only knew what the worker themselves told them: "I work in an office" or "I do field work".
From now on, the physician can consult the affiliation and occupation data that the TGSS has transferred to the INSS and that the latter has transmitted to Osakidetza. The doctor will see that the worker is registered as a first-class construction worker, which implies intense physical effort. That objective information allows them to issue a sick leave certificate more adjusted to the patient's actual work reality, better assess the scope of incapacity and, where appropriate, detect inconsistencies between what was declared and the actual occupation registered with Social Security.
What should companies do now?
- Review affiliation records of employees in Euskadi: ensure that the professional category and occupation declared with Social Security matches the worker's actual functions. Discrepancies between what is registered and what is real can generate problems both in sick leave management and in inspections.
- Inform the HR department or management firm: that as of November 2, 2026, Osakidetza doctors have access to affiliation and occupation data before issuing sick leave. This changes the context of IT management in Euskadi.
- Review internal temporary incapacity management protocols: with greater accuracy in issuing sick leave, it is advisable to update follow-up procedures and communication with workers on IT status.
- Consult the DPO or data protection advisor if the company processes affiliation data: although the agreement does not impose direct obligations on employers, any company that manages affiliation data of its workers must ensure that its processing complies with the GDPR.
- Stay informed of possible extensions of the model to other autonomous communities: this agreement is specific to Euskadi, but it may be a precedent for similar agreements in other territories.
Frequently asked questions
What specific data does Social Security transfer to Osakidetza?
The TGSS transfers affiliation and occupation data of the worker. This data goes to the INSS, which transmits it to Osakidetza so that physicians can consult it when issuing temporary incapacity sick leave certificates. No other types of additional data are specified in the agreement.
When does the agreement between INSS, TGSS and Osakidetza enter into force?
The agreement entered into force on the same day of its publication in the BOE: November 2, 2026. No adaptation period is provided for in the published text.
Does this agreement affect workers throughout Spain or only in Euskadi?
It only affects workers affiliated with Social Security residing in Euskadi who request medical sick leave through Osakidetza-Basque Health Service. The agreement is specific between the INSS, the TGSS, the Autonomous Community of Euskadi and Osakidetza.
Does this agreement comply with the GDPR?
The agreement expressly recognizes that it involves the processing of sensitive personal data and establishes that the entire operation must comply with the GDPR and Spanish data protection regulations. The legal basis of the agreement is article 77.1 of the TRLGSS and Law 40/2015 on inter-administrative cooperation.
What happens if the occupation data registered with Social Security does not match the employee's actual work?
If there are discrepancies between the occupation registered with the TGSS and the worker's actual functions, the Osakidetza doctor will have incorrect information when issuing sick leave. This can generate problems in assessing temporary incapacity. It is recommended that companies verify that the affiliation data and professional category of their employees in Euskadi are correctly updated.
Official source
Consult complete regulation at official source
Disclaimer: 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-2026-23003
