We use cookies to personalise the website and offer you the greatest added value. They are, among other purposes, used to analyse visitor usage in order to improve the website for you. By using this website, you agree to their use. Further information can be found in our data privacy statement.



Directive on improving working conditions in platform work is coming

PrintMailRate-it

by ​​​​​​​​Michał Majnusz

6 May 2024


The European Parliament adopted on 24 April 2024 a directive on improving working conditions in platform work. 

The new provisions are to improve the labour conditions of platform workers in the European Union. The term ‘platform worker’ will refer to persons performing work through digital labour platforms regardless of their contractual status or how the parties concerned define that status. 

Stronger legal position of platform workers


The directive introduces the presumption of employment relationship if the digital labour platform controls and manages the work of the platform worker.  

The provisions also better protect platform workers against dismissal. Starting from the directive’s effective date, it will not be allowed to dismiss a platform worker on the basis of a decision made by an automated decision-making system, algorithms or other programmes. Every decision to restrict, suspend or terminate a contractual relationship or a platform worker's account, or any other similar decision, must be made by a human being.

Transparency of decision-making


A platform worker will have the right to obtain an explanation for any decisions taken or supported by an automated decision-making system. Explanations should formulated in an understandable way using plain language.

Members states are also required to make sure that digital platforms provide the possibility for the platform workers to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. 

Personal data protection 


Digital labour platforms will be required to provide platform workers with the following information, among others:

  • that they use automated monitoring and decision-making systems with respect to platform workers;
  • the purpose of monitoring; 
  • categories of data and actions monitored, supervised and evaluated, including categories of recipients of personal data processed by such systems;
  • all decisions taken or supported by automated decision-making systems with respect to platform workers.

At the same time, the directive is introducing additional restrictions on processing of personal data. Once the new regulations come into force, the digital labour platforms will not be able to use automated monitoring or decision-making systems to process the following data, among others:

  • personal data regarding a platform worker's emotional or psychological state; 
  • personal data regarding private conversations, including exchanges with other platform workers and their representatives;
  • personal data where a platform worker is not offering or performing platform work;
  • data helping to predict whether a platform worker will exercise his or her fundamental rights such as the right to form and join associations, the right to collective bargaining and to negotiate and enter into collective agreements, or the right to obtain information and consultation.

Effective date


The directive is yet to be approved by the Council of the European Union and published in the Official Journal of the European Union. Member States will have 24 months of the directive’s date of entry into force to transpose it into their national legislation. 

If you run a digital labour platform or have questions about the changes described above, you are welcome to cont​act​ us.​

Contact

Contact Person Picture

Michał Majnusz

Attorney at law (Poland)

+48 882 786 777

Send inquiry



Deutschland Weltweit Search Menu