Despite the Supreme Court ruling, hundreds of companies use online voting in their union elections without any problems. Some law firms interpret the ruling as effectively banning electronic voting from labor law, but what does the ruling actually say?
The Supreme Court ruling leaves the door open to electronic voting
More and more companies are opting for electronic voting for their union elections. Online voting is particularly useful in companies with a geographically dispersed workforce, offers substantial savings, and, if we have a suitable provider, is more secure than postal voting. However, since the Supreme Court ruled in favor of the plaintiffs in the 2025 lawsuit against Iberdrola over the way it organized its online union elections, some law firms interpret that this should not be the case.
What, then, can companies that are holding online union elections in 2026 rely on to avoid problems?The ruling clarifies on several occasions that the question it answers is not whether the online voting system is secure, but whether it is valid for the company to agree "with a part of the union forces" to implement online voting. In this regard, it concludes that "under no circumstances can this be done through an agreement signed between the company and a part of the unions operating within it, such as the one that is the subject of this litigation."
In the case of Iberdrola, the complainants were the unions that did not sign the agreement. According to Law 1844/1994 and the Workers' Statute, the Electoral Board, composed of the youngest and most senior employees, is sovereign and keeps minutes on how the elections are conducted. It is therefore understandable that some of the unions would denounce an agreement signed between the company and the other unions. However, what the Supreme Court invalidates in its ruling is that agreement and not the use of electronic voting per se.
Companies that use electronic voting in their union elections ensure that all competing unions, as well as the Electoral Board, agree with the proposed voting system.
Is online voting legal in union elections?
The use of online voting in election processes for workers' representatives is not new. Already in 2015, the Social Court of Madrid ruled in favor of telematic voting. The ruling, dated September 21, clarifies that the use of this technology is lawful as long as the security of the vote and the anonymity of the voters are guaranteed.
Labor regulations generally require that voting be personal, direct, free, and secret. Online voting systems can meet these requirements, as well as other organizational aspects established by labor laws and election regulations.
What guarantees must be ensured?
Union elections can be highly contested, so it’s crucial to work with a provider that offers all necessary guarantees to prevent unwanted disputes. At a minimum, two key aspects must be ensured: verifying voter identity and safeguarding data integrity. The first aspect refers to the electronic identification process, which is regulated in many jurisdictions by electronic identification laws and security standards. The second aspect involves issuing verifiable voting certificates that can serve as documentary evidence in the event of a dispute.
If you are looking for an online voting service for your company's union elections, make sure your provider meets these two essential requirements.
What other technical aspects are important?
Another critical factor when implementing online voting is the protection of personal data. The company, through the electoral board, must provide the online voting service provider with the employee census. To do so, it is important to establish a Data Processing Agreement in compliance with international data protection regulations, such as the GDPR in the European Union or equivalent frameworks in other regions.
Additionally, the voting system must uphold key information security principles: confidentiality, integrity, and availability. Certifications such as national cybersecurity standards can help identify providers that prioritize security.
Differences between in-person and online voting
Union elections are complex processes. If online voting is introduced, technology will play a significant role, but it won't be the only factor to consider. In an online election, the roles of the electoral board and election observers may be different, as vote counting is automated. Moreover, voters will likely cast their ballots remotely rather than in the office.
That is why it is important that, when choosing a provider, we take into account the type of support service they will offer us. Will we have a direct phone line that voters can call to resolve queries and incidents? Will support be provided to the polling station and the scrutineers to carry out their tasks? How long will it take to find out the results? Will we be provided with a valid certificate to submit to the public registry office? How do you ensure that the vote is both secret and traceable?
At Kuorum, we have been organizing secure online voting for more than fifteen years. If you need help organizing your online union elections, contact us for a no-obligation consultation.
