Do you use your work computer for personal use? Here is what the Supreme Court says

It is very common to have a company computer so that you can work easily from anywhere, but it is also common that when we are in front of the computer, we automatically realise that we have forgotten to do the shopping and do it online or respond to a personal email. A case of this type was analysed in December 2025 by the Supreme Court. Let's see what the court thinks and how this issue is regulated in the legislation.

An employee who used his work computer for personal matters: the Supreme Court case

In the case analysed by the Supreme Court, the employee worked as a sales technician with a continuous working day from 9 a.m. to 5 p.m., Monday to Friday. The employee met with the head of human resources to inform him that he was studying for a master's degree and that he intended to request an adjustment to his working hours, but he did not specify what he needed.

The company had noticed for some time that the employee's performance had declined. The company had an internal policy regarding the use of telematic resources, which the employee was aware of. In fact, every time he accessed personal content, the computer issued a warning.

The company accessed the employee's computer and drew up a list of all the personal uses the employee had made of it, particularly the Google cloud, which he used for personal purposes.

As a result of the above, the company decided to dismiss the employee for:

• Breach of contractual good faith and abuse of trust in the performance of work.
• Voluntary and continued decline in normal performance.

Following the dismissal, a conciliation hearing was held without agreement, and subsequently, a claim was filed with the Labour Court, which declared the dismissal unfair. The company lodged an appeal and the Supreme Court ruled in favour of the employee, considering that the dismissal was unfair because the worker had not failed to perform his duties, no complaints had been received and no damage had been caused to the company (STSJLR 485/2025, 1.12).

Can the company monitor the work computer?

The answer is yes, but a series of requirements must be met and the employee's right to privacy must always be respected. The requirements are as follows:

• There must be a legitimate reason, for example, evidence that the employee has reduced their performance or is not fulfilling the duties of their position. It is essential that this reason is sufficiently weighty to justify the company monitoring the employee.
• Another essential element is that employees must have been informed in advance that the company reserves the right to monitor the correct use of the devices it has provided to employees or that it prohibits their use for personal matters.
• On the other hand, access may be granted to information relating to the company and the employee's work, but not to folders containing the employee's personal information or personal email.

Can I be dismissed for using the company computer for personal matters?

The answer is yes, but it must be a case where it can be proven that there have been numerous instances of access, that the employee's performance has declined and that the company has suffered damage.

The High Court of Justice of Cantabria analysed a case of this type. An employee used her work computer to access her social media accounts around 400 times in one month. This constituted a very serious offence and a breach of contractual good faith, resulting in her dismissal. Furthermore, in this case, the company had informed its employees that the computer was for work use only and that its use could be monitored.

The High Court of Justice of Cantabria confirmed that, in this case, the dismissal was justified.

Why not store your personal data on your work computer?

The answer is no, for several reasons, as we have seen:

• The company will not access your personal data, but it can access your computer if it has provided it to you as a work tool.
• If the internal policy makes it clear that the company can monitor your computer, as we mentioned in the previous point, it will be able to access your device.
• It is also not a good idea to try to remove documentation and information belonging to the company from your computer or copy it to another device if you are leaving or have been dismissed. Even if you have been with the organisation for many years, that data does not belong to you.

What are my rights when using the company computer? 

At this point, a conflict arises between the employee's right to privacy and the company's right to monitor the employee's compliance with their obligations. Both rights are protected by the Workers' Statute.

The right to privacy is a fundamental right recognised in the Constitution, therefore, the company may only take measures that are carried out with the maximum guarantees of information to the employee and transparency.

On the other hand, contractual good faith between the employee and the company comes into play, i.e. the employee must perform the duties related to their job in accordance with the rules of good faith and diligence.

The Supreme Court has ruled that it is within the company's power of control, as regulated in the Workers' Statute, to prohibit the use of computer equipment for personal matters.

Therefore, inappropriate use of the company's computer for personal matters may result in a warning or, in more serious cases, disciplinary dismissal, which may be declared fair or unfair by the courts.

If you believe that your rights as an employee are not being respected, contact our team of labor lawyers in Madrid and we will help you with your case.