Smart working: new employer disclosure obligations

Law No. 34 of 11 March 2026 decisively intervened in the area of health and safety with reference to work activity performed in smart working arrangements in environments that do not fall within the legal control of the employer, amending Article 3 of Legislative Decree No. 81/2008.

In particular, Article 11 of the said Law No. 34/2026 introduced an obligation on the employer to deliver to the worker and to the workers’ safety representative, at least annually, a written disclosure document identifying the general risks and the specific risks connected with smart working, in particular those linked to prolonged use of computers. The obligation of the worker to actively cooperate in the implementation of the prevention measures put in place by the employer remains unchanged.

This disclosure obligation, which until now had been devoid of any effective sanction, is now subject to criminal penalties in the form of arrest for a period of from two to four months or a fine from Euro 1,708.61 to Euro 7,403.96.