What changed between the plenary report and the adopted text

Removed:Recital 26 b (new): (26b) With a view to increasing the effectiveness of inspections for the purposes of applying this Directive, Member States should ensure that national law provides for adequate powers to competent authorities to carry out inspections; that information about false self employment, including the results of previous inspections, is collected and processed for the effective implementation of this Directive; and that sufficient staff are available with the skills and qualifications needed to carry out inspections effectively. Given the high incidence of misclassification, labour inspectors should be required to develop proactive controls.

Removed:Recital 27: (27) In the interest of legal certainty, the legal presumption should not have any retroactive legal effects and should therefore only apply starting from the date set in the transposing legislation, including for contractual relationships entered into before and still ongoing on that date. Claims relating to the possible existence of an employment relationship before that date and resulting rights and obligations until that date should therefore be assessed only on the basis of national law and Union law predating this Directive and in particular on Directive (EU) 2019/1152.

Removed:Recital 28: (28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice. Member States should ensure the possibility for any of the parties to rebut the legal presumption in legal or administrative proceedings or both by proving, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Where a digital labour platform challenges an administrative or judicial decision determining the employment status of a person performing platform work, proceedings arising from such a challenge should not have a suspensive effect on that decision. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, the digital labour platform should be required to assist the proceedings, notably by providing all relevan…

Removed:Recital 28 a (new): (28a) Member States should have enforcement provisions which ensure the use of favourable presumptions in cases of misclassification of persons performing platform work when reclassifying them, including, where relevant, a presumption that the platform worker has an open-ended employment relationship, that there is no probationary period and that the platform worker has a full-time position in the undertaking.

Removed:Recital 30: (30) In addition to rights and obligations provided in this Directive, rights and obligations provided in Regulation (EU) 2016/679 continue to apply when personal data are processed. Article 9 of Regulation (EU) 2016/679 provides for specific rules for the processing of special categories of personal data. Considering the intrusive nature of the processing of biometric data, especially in a work relationship, biometric identification should never be mandatory. Employers should always guarantee less intrusive ways to achieve the intended purpose of identification. Persons performing platform work should always be offered an easily accessible, freely available and effective alternative way of identifying themselves, such as with identity, travel or other documents or in-person verification and they should not be offered any incentives to use the biometric identification mechanism nor suffer from any type of adverse consequence. Articles 13, 14 and 15 of Regulation (EU) 2016/679 require data controllers to ensure transparency towards data subjects on the collection and processing of personal data. Articles 16 to 21 of Regulation (EU) 2016/679 introduce rights to rectification, to erasure, to the restriction of processing of data, to data portability and to objecting to the processing of personal data. Moreover, Article 22(1) of Regulation (EU) 2016/679 provides for the data subjects’ right not to be subject to a decision based solely on automated processing, including profiling,…

Removed:Recital 30 a (new): (30a) The use of algorithmic scheduling systems heightens the use of precarious, short shifts and unstable and unpredictable schedules1a. Algorithmic direction, evaluation, and discipline intensify work effort by increasing monitoring, raising the pace required from workers, minimising gaps in workflow, and extending work activity beyond the conventional workplace and working hours. The use of non-transparent algorithms to make managerial decisions creates feelings of insecurity among workers and may lead to unfair treatment and the denial of procedural due process at work. The limited learning at work and influence over tasks due to the use of non-transparent algorithms, work intensification and insecurity highlighted above is likely to increase workforce stress and anxiety and be harmful to wellbeing and health as well as to human dignity and other fundamental rights. / 1a Algorithmic Management. Consequences for Work Organisation and Working Conditions, Joint Research Centre, European Commission (Seville, Spain)

Removed:Recital 31: (31) This Directive is without prejudice to Articles 13, 14, 15 and 22 of Regulation (EU) 2016/679, except for Articles 13(2)(f), 14(2)(g) and 15(1)(h) thereof, in relation to which Article 6 of this Directive provides for more specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679, which allows more specific rules to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, equality, including gender equality, and diversity in the workplace, health and safety at work, protection of employer's or customer's property and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. Article 88 of Regulation (EU) 2016/679 allows more specific rules in the context of employment. This Directive establishes specific measures in the context of platform work to safeguard human dignity, legitimate interests and fundamental rights of persons performing platform work, with particular…

Removed:Recital 32: (32) Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means or to monitor the persons performing platform work themselves; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion, their social protection entitlements and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information and consultation concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Infor…

Removed:Recital 32 a (new): (32a) Certain decisions, such as those having an impact on health and safety and on the contractual relationship or introducing changes to the employment relations, as well as decisions to apply disciplinary measures, or restricting, suspending or terminating the contractual relationship and the person performing platform work’s account, or any decision of equivalent detriment, should always be taken by humans, not by automated systems. Considering the impact on workers of such decisions, including their livelihood and fundamental rights, including social rights, there should always be a human responsible for those decisions.

Removed:Recital 32 b (new): (32b) Some types of processing of data in digital labour platforms may result in a high risk to the rights and freedoms of the workers. Article 35 of Regulation (EU) 2016/679 establishes that the controller is to, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. It also provides that the controller, where appropriate, is to seek the views of data subjects or their representatives on the intended processing, without prejudice to information transmitted on a confidential basis. That consultation should be carried out in an appropriate manner and with appropriate content to enable, in particular, workers' representatives to conduct an adequate study and, where necessary, prepare for the consultation. Before each deployment of an automated monitoring system or a system to take or assist in decision-making and before any changes affecting working conditions, the organisation of work or monitoring work performance, digital labour platforms should perform an impact assessment of the system’s impact on data protection.

Removed:Recital 33: (33) Digital labour platforms should be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, which may affect the rights covered by this Directive. Information transmitted as confidential to the representatives of persons performing platform work and any experts who assist them should not justify a refusal to provide all the information required by this Directive. Member States should determine a list of objective criteria to determine the confidential nature of that information that representatives of persons performing platform work and any experts are not authorised to reveal, as expressly provided to them in confidence.

Removed:Recital 34 a (new): (34a) Digital labour platforms should under no circumstances provide for discriminatory practices when processing personal data. Digital labour platforms should ensure workers and workers’ representatives tools to facilitate effective, machine-readable data portability that is free of charge in order to exercise their rights under this Directive and under Regulation (EU) 2016/679, in particular the rights under Chapter 3 of that Regulation. Persons performing platform work should have the right both to transfer data and not to transfer data as it could endanger them, for example in relation to reputational data.

Removed:Recital 35: (35) Digital labour platforms make extensive use of automated monitoring and decision-making systems in managing their human resources. Monitoring by electronic means can be intrusive and decisions taken or supported by such systems directly affect the persons performing platform work, who might not have a direct contact with a human manager or supervisor. Digital labour platforms should therefore ensure human oversight and evaluate together with the workers’ representatives the impact of individual decisions taken or supported by automated monitoring and decision-making systems on working conditions and on fundamental rights and freedoms of workers, including their human dignity and health and safety. Digital labour platforms should ensure sufficient human resources for this purpose. The persons charged by the digital labour platform with the function of overseeing should have the necessary competence, training and authority to exercise that function and should be protected from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions. In addition to obligations under Article 22 of Regulation (EU) 2016/679, Article 7(1) and (3) of this Directive provides for distinct obligations of digital labour platforms in relation to human monitoring of the impact of individual decisions taken or supported by automated systems, which apply as specific rules in the context of platform work, including to ensure the protecti…

Removed:Recital 36 a (new): (36a) The persons in charge of reviewing decisions significantly affecting working conditions should be involved in checking the system’s recommendation and should not routinely apply the automated recommendation to an individual. The involvement of reviewers should be active and not only a token gesture. They should have actual concrete influence on the decision, including the authority and competence to reject, revoke and replace it . Reviewers should weigh-up and interpret the recommendation, consider all available input data, and also take into account other additional factors in order to safeguard the rights of persons performing platform work as well as their health and safety.

Removed:Recital 37: (37) In that context, persons performing platform work should have the right to obtain a human review and an explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated systems that significantly affect their working conditions at the earliest opportunity and at the latest on the day on which such decisions take effect. For that purpose the digital labour platform should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, digital labour platforms should provide the person performing platform work with a written statement of reasons for any decision to restrict access to work assignments, to restrict, suspend or terminate that person’s account, to reject work and to refuse the remuneration for work performed by that person, or affecting his or her contractual status at the earliest opportunity and at the latest on the day on which such decisions take effect, as such decisions are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. The written statement can be provided and transmitted on paper or in electronic form, provided that it is accessible to the person performing platform work, that it can be stored and printed, and that the platform retains proof of transmission or receipt. Where the explanation …

Removed:Recital 38: (38) Council Directive 89/391/EEC63 introduces measures to encourage improvements in the safety and health of workers at work, including the obligation for employers to assess the occupational health and safety risks. As automated monitoring and decision-making systems potentially have significant impact on workers' safety and on the physical and mental health of persons performing platform work, digital labour platforms should avoid those risks, evaluate and combat the risks that cannot be avoided, combat the risks at source, assess whether the safeguards of the systems are appropriate to address those risks and take appropriate preventive, protective and corrective measures. Particularly relevant in this context is the employer’s obligation to adapt the work to the individual, especially as regards the design of work places, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their consequences on health. This Directive requires employers to consult workers and workers’ representatives and to allow them to take part in discussions on all questions relating to safety and health at work. In particular, the planning and introduction of new technologies should be subject to consultation with the workers and workers’ representatives, as regards the consequences of the choice of equipment, the working conditions and the working environment on…

Removed:Recital 38 a (new): (38a) At least yearly, the digital labour platforms should perform an assessment of the impact of individual decisions taken or supported by automated monitoring and decision-making systems on working conditions, health and safety and fundamental rights and include measures to combat any impact on fundamental rights and health and safety, including mental health. Where the possible impacts on fundamental rights, health and safety, including mental health, cannot be mitigated, the systems should not be put into use.

Removed:Recital 38 b (new): (38b) Platform work, in particular online platform work, poses a range of both pre-existing and new occupational safety and health risks, both physical and psychosocial. Moreover, people working through platforms are exposed to particular health and safety risks. They usually receive little or no training and have low prospects of career advancement1a. Digital labour platforms should not use automated monitoring and decision-making systems in any manner that puts undue pressure on persons performing platform work or otherwise puts at risk the physical and mental health of platform workers for example through the use of incentives, such as exceptional bonuses, or punitive practices, such as ratings that have an impact on working time and lead to the assignment of less work. They should ensure that automated monitoring and decision-making systems avoid any potential discriminatory decisions issued on the basis of existing biases or practices. / 1a Protecting Workers in EU Platform Economy, EU OSHA 2017, p. 28

Removed:Recital 39: (39) Directive 2002/14/EC establishes a general framework for informing and consulting employees in the Union. The introduction of or substantial changes in the use of automated monitoring and decision-making systems by digital labour platforms have direct impacts on the work organisation and individual working conditions of platform workers. Additional measures are necessary to ensure that digital labour platforms inform and effectively consult workers' representatives in good faith before such decisions are taken, at the appropriate level and, given the technical complexity of algorithmic management systems, in due time in order to allow effective consultation and with the assistance of an expert chosen by the workers’ representatives in a concerted manner where needed. In accordance with Directive 2002/14/EC, those provisions are meant to foster effective social dialogue on these features and, because automated monitoring and decision-making systems have a direct impact on working conditions, it should be possible to subject them to collective bargaining. / (deleted)

Removed:Recital 39 a (new): (39a) In its 2021 Action Plan for the Social Economy, the Commission has acknowledged the significant economic and social role of social economy entities as an example of participatory-governed businesses which use digital platforms to facilitate citizen engagement and the selling of locally produced goods and services, aiming to achieve better working conditions for their members. Cooperatives could therefore constitute an important instrument for the bottom-up organisation of platform work and could encourage competition between platforms. Member States should protect and promote cooperative undertakings and small businesses by means that aim to safeguard employment and ensure their capacity for sustainable development and growth.

Removed:Recital 40: (40) The rights in Articles 6, 7 and 8 of this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management, namely those regarding transparency on automated monitoring and decision-making systems, restrictions to process or collect personal data, human monitoring and review of significant decisions, should also apply to persons in the Union performing platform work who do not have an employment contract or employment relationship. The rights pertaining to health and safety at work and information and consultation of platform workers or their representatives, which are specific to workers in view of Union law, should not apply to them. Regulation (EU) 2019/1150 provides safeguards regarding fairness and transparency for self-employed persons performing platform work, provided that they are considered business users within the meaning of that Regulation. Where such safeguards conflict with elements of specific rights and obligations laid down in this Directive, the specific provisions of Regulation (EU) 2019/1150 should prevail in respect of business users.

Removed:Recital 41: (41) In order to ensure that digital labour platforms comply with labour legislation and regulations, taxation and social security contribution obligations, social security coordination and other relevant rules, and with a view to preventing unfair competition, in particular if they are established in another country than the Member State in which the platform worker is performing work, digital labour platforms should declare work performed by platform workers to the competent labour and social protection authorities of the Member State in which the work is performed, in accordance with the rules and procedures laid down in the law of the Member States concerned. As regards such cross-border cases, the European Labour Authority was established to facilitate and support cooperation between the competent national authorities in the enforcement of relevant Union law, to ensure access to information to employers and workers on their rights and obligation in the framework of labour mobility, to coordinate the European Employment Services network (EURES) and to foster the exchange of information between Member States, including through promoting the use of electronic data exchange tools between national authorities such as the Commission’s Internal Market Information System, Electronic Exchange of Social Security Information system, and to coordinate and support concerted or joint inspections with the aim of enforcing relevant Union law.

Removed:Recital 42: (42) Digital labour platforms should be listed in the applicable public business register, which should include relevant information on all digital labour platforms operating in the country. Information on the number of persons performing platform work through digital labour platforms, their contractual or employment status, copy of employment contract, average duration of activity and average income from activity and the general terms and conditions applicable to those contractual relationships. Such information is essential to support labour inspectorates, social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work, including trade unions, in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details, such as basic data on working conditions regarding working time and remuneration. The European Foundation for the improvement of living and working conditions (Eurofound) and the European Labour Authority should, according to their respective prerogatives and mandates, support the collection and sharing of those data for the purpose of developing appropriate risk assessment tools.

Removed:Recital 42 a (new): (42a) Experience shows that when national law has introduced the presumption of an employment relationship for digital labour platforms, the use of subcontracting chains has been used as a way of circumventing the application of labour law to platform workers1a. The use of undeclared work in delivery platforms has also been evidenced in several Member States. This practice is carried out through rented identities: platform workers or people with the right to work who register in the platform rent their accounts mainly to undocumented migrants and to minors1b. In order to prevent undeclared work as well as the misuse of subcontracting as a means by which to circumvent this Directive, Member States should introduce legal provisions on subcontracting that provide for joint and several liability and effective access to redress across subcontracting chains, ensuring that the contractors in a subcontracting chain may be held liable to pay wages, social security contributions and financial penalties in addition to or in place of the direct employer. In specific cases involving illegally staying third country nationals, all the contractors involved in the subcontracting chain may be liable of criminal offences as provided for in Directive 2009/52/EC of the European Parliament and of the Council1c. Member States should ensure that undocumented migrants can have access to justice without fearing any retaliation or risk of deportation, also in accordance with Directive 2009/52/EC. In or…

Removed:Recital 43: (43) An extensive system of enforcement provisions for the social acquis in the Union has been developed, elements of which should be applied to this Directive in order to ensure that persons performing platform work have access to appropriate, timely, effective and impartial dispute resolution and a right to redress, including adequate compensation. Access to such dispute resolution and right to redress should be free of charge at least for persons who do not have sufficient means. Specifically, having regard to the fundamental nature of the right to effective legal protection, persons performing platform work should continue to enjoy such protection even after the end of the employment or other contractual relationship giving rise to an alleged breach of rights under this Directive.

Removed:Recital 44: (44) Representatives of persons performing platform work, including trade unions, should be able to represent one or several persons performing platform work in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. Bringing claims on behalf of or supporting several persons performing platform work is a way to facilitate proceedings that would not have been brought otherwise because of procedural and financial barriers or a fear of reprisals.

Removed:Recital 45: (45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. In some areas prevalent in platform work, such as digital remote services or design work, many Member States lack established workers representatives' organisations or trade unions. In accordance with national law and practice, persons performing platform work should be free to organise, choose representatives and be taken into account in social dialogue and collective bargaining processes, regardless of their employment status. Persons performing platform work can also be exposed to the increased risk of violence, including gender-based violence and harassment. It is therefore necessary to create private, secure, possibly through encryption, digital communication and reporting channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives and report incidents of violence or harassment. Digital labour platforms should create such communication and reporting channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing or monitoring those communications. For the same reasons, collective bargaining should be promoted by ensuring…

Removed:Recital 46: (46) In administrative or judicial proceedings regarding the correct determination of the employment status of persons performing platform work, the elements regarding the organisation of work allowing to establish the employment status and in particular whether the digital labour platform controls or directs certain elements of the performance of work, may be in the possession of the digital labour platform and not easily accessible to persons performing platform work and competent authorities. National courts or competent authorities should therefore be able to order the digital labour platform to disclose any relevant evidence which lies in their control, including confidential information, subject to effective measures to protect such information

Removed:Recital 47: (47) Given that Article 6, Article 7(1) and (3) and Article 8 of this Directive provide for specific rules in the context of platform work to ensure the protection of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679 and that Article 10 of this Directive applies those safeguards also in the case of persons without employment contract or employment relationship, the national supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 should be competent to monitor the application of those safeguards. Chapters VI, VII and VIII of Regulation (EU) 2016/679 should apply in terms of procedural framework for the enforcement of those safeguards as well as the communication and reporting channels established in Article 15 of this Directive. in particular as regards supervision, cooperation and consistency mechanisms, remedies, liability and penalties, including the competence to impose administrative fines up to the amount referred to in Article 83(5) of that Regulation.

Removed:Recital 48: (48) Automated monitoring and decision-making systems used in the context of platform work involve the processing of personal data and affect the working conditions and rights of persons performing platform work. They therefore raise issues of data protection law as well as labour and social protection law. Data protection supervisory authorities and relevant labour and social protection authorities should therefore cooperate, including at cross-border level, in the enforcement of this Directive, including by exchanging relevant information with each other, without prejudice to the independence of data protection supervisory authorities.

Removed:Recital 48 a (new): (48a) As the rights and freedoms of individuals can be seriously undermined by automated monitoring or decision-making systems, it is essential that affected individuals have meaningful access to reporting and redress mechanisms with the relevant national authority, be it the data protection authority or the labour inspectorate. They should be able to report possible infringements of this Directive to the competent national authority and have the right to be heard and to be informed about the outcome of their complaint and the right to a timely decision.

Removed:Recital 49: (49) Since one of the objective of this Directive, namely to improve working conditions in platform work, cannot be sufficiently achieved by the Member States but can rather, by reason of the need to establish common minimum requirements, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. Minimum harmonisation at Union level is necessary to improve working conditions in platform work and to protect workers’ rights across the Union considering the Union-wide dimension of many digital labour platforms, in order to avoid a Union-wide race to the bottom regarding working conditions and in order to create a level playing field for businesses that respect social standards. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

Removed:Recital 51: deleted

Removed:Article 1 – paragraph 1: 1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring the correct determination of their employment status, by promoting transparency, fairness, human oversight, safety and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations, while fostering the sustainable growth of digital labour platforms in the Union.

Removed:Article 1 – paragraph 2 – subparagraph 2: In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in the context of algorithmic management also apply to every person performing platform work in the Union who does not have an employment contract or employment relationship.

Removed:Article 2 – paragraph 1 – point 1 – point b: (b) it is provided at the request of a recipient of the service or it involves the allocation of work through an open call;

Removed:Article 2 – paragraph 1 – point 1 – point c: (c) it involves the organisation of work performed by individuals, irrespective of whether that work is performed online or in a certain location and irrespective of the contractual designation of the relationship between that individual and the natural or legal person providing the service;

Removed:Article 2 – paragraph 1 – point 2: (2) ‘platform work’ means any work organised through a digital labour platform and performed in the Union by an individual, irrespective of whether a contractual relationship exists between the individual and the recipient of the service;

Removed:Article 2 – paragraph 1 – point 5: (5) ‘workers' representatives’ means representatives of recognised trade unions in accordance with national law and practice or other persons who are freely elected or who are designated by the workers in an organisation to represent them in accordance with national law or practices, or both;

Removed:Article 2 – paragraph 1 – point 5 a (new): (5a) ‘representatives of persons performing platform work’ means the representatives of recognised trade unions in accordance with national law and practice or other persons who are freely elected or who are designated by the workers or by the self-employed performing platform work in an organisation to represent them in accordance with national law or practices, or both;

Removed:Article 2 – paragraph 1 – point 5 b (new): (5b) ‘automated monitoring systems’ means any automated systems used for or supporting monitoring, supervising or evaluating the work performance;

Removed:Article 2 – paragraph 1 – point 5 c (new): (5c) ‘automated decision-making systems’ means any automated systems used to take decisions or support decision-making;

Removed:Article 2 – paragraph 1 – point 5 d (new): (5d) ‘biometric data’ means biometric data as defined in Article 4, point (14), of Regulation (EU) 2016/679;

Removed:Article 2 – paragraph 1 – point 5 e (new): (5e) ‘biometrics-based data’ means data resulting from specific technical processing relating to physical, physiological, or behavioural features, signals, or characteristics of a natural person, such as facial expressions, movements, pulse frequency, voice, keystrokes or gait.

Removed:Article 2 – paragraph 2: 2. The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets or that allow private individuals to resell goods. It shall be limited to providers of a service for which the organisation of work performed by the individual constitutes not merely a minor and purely ancillary component.

Removed:Article 3 – paragraph 1: 1. Member States shall have appropriate and effective procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to applying the presumption of an employment relationship in accordance with Article 4(1) for the purpose of ascertaining the existence of such a relationship as defined by applicable law, collective agreements or practice in force in the Member States and with consideration to the case-law of the Court of Justice, and ensuring that such persons enjoy the rights deriving from Union law applicable to workers.

Removed:Article 3 – paragraph 2: 2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, taking into account the use of algorithms in the organisation of platform work, irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. Where the existence of an employment relationship is established based on such facts, the party or parties assuming the obligations of the employer shall be clearly identified in accordance with national legal systems and with Article 12b, and shall dully fulfil those obligations.

Removed:Article 3 – paragraph 2 a (new): 2a. Where digital labour platforms are recognised to exercise the prerogatives of employers, they shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity, including in relation to labour law, income tax and financing of social protection. Platform workers shall fully enjoy the status of worker in accordance with national law, collective agreements or practice in force in the Member States, including the rights to join a trade union, to organise, and to bargain collectively.

Removed:Article 3 – paragraph 2 b (new): 2b. This Directive applies in full to digital labour platforms exerting the function of temporary work agencies, in addition to Directive 2008/104/EC.

Removed:Article 4 – paragraph 1 – subparagraph 1: A person performing platform work shall be either a platform worker or a genuinely self-employed person. The contractual relationship between a digital labour platform and a person performing platform work through that platform shall be legally presumed to be an employment relationship and therefore digital labour platforms shall be presumed to be employers. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems, in order to ensure that the legal presumption can be relied upon by competent authorities and bodies that verify compliance with or enforce relevant legislation as well as by persons performing platform work and their representatives.

Removed:Article 4 – paragraph 1 – subparagraph 1 a (new): Where competent authorities and bodies, including those responsible for registering administrative procedures, consider that a person performing platform work might be wrongly classified, they shall apply the presumption. Where a person performing platform work or a trade union acting on behalf or in support of several persons performing platform work, in accordance with national law or practice, dispute their classification in an administrative or legal proceeding, the presumption shall be applied.

Removed:Article 4 – paragraph 1 – subparagraph 2: The application of the legal presumption shall not lead to an automatic reclassification of all persons performing platform work as platform workers. Digital labour platforms shall have the possibility to rebut the presumption of employment before a decision for reclassification is taken in administrative or legal proceedings. The rebuttable presumption of employment shall apply in all relevant administrative procedures and administrative and legal proceedings. Competent authorities and bodies, including those responsible for registering administrative procedures, verifying compliance with or enforcing relevant legislation, including collective agreements, shall effectively apply that presumption. To that end, digital labour platforms shall be required by the competent authorities and bodies to provide all relevant information in order for the authorities to determine, based on an objective assessment, the correct classification of the persons performing platform work.

Removed:Article 4 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 4 – paragraph 3 – introductory part: 3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 in order to ensure the effective protection of workers performing work in the context of an employment relationship. In particular they shall:

Removed:Article 4 – paragraph 3 – point b: (b) develop comprehensive guidance, including in the form of concrete and practical recommendations, for digital labour platforms, persons performing platform work and the social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

Removed:Article 4 – paragraph 3 – point c: (c) develop guidance, capacity building and training and establish procedures for national competent and enforcement authorities to proactively identify, target, and pursue digital labour platforms in order to ensure effective compliance with this Directive, including by imposing dissuasive penalties on non-compliant digital labour platforms;

Removed:Article 4 – paragraph 3 – point c a (new): (ca) develop guidance and establish procedures for competent administrative authorities and institutions to proactively apply the legal presumption in the administrative procedures and to share data with other relevant authorities in order to apply the legal presumption in the processing and registration of contractual relations and social security related data;

Removed:Article 4 – paragraph 3 – point d: (d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that such controls and inspections are proportionate and non-discriminatory, and establish, every year, a national target for the number of inspections to be carried out in respect of the sectors of activity in which digital labour platforms operate, in order to determine the correct classification of workers;

Removed:Article 4 – paragraph 3 – point d a (new): (da) provide for an inspection by labour inspectorates or the bodies responsible for the enforcement of labour law every time a person performing platform work is newly recognised as platform worker, within one month of such recognition, in order to verify the status of the other persons performing platform work for the same digital labour platform;

Removed:Article 4 – paragraph 3 – point d b (new): (db) provide for sufficient resources and training for labour inspectorates or the bodies responsible for the enforcement of labour law in order to strengthen their capacities, especially in the technological field, in order to enable them to effectively comply with points (d) and (da), including by carrying out routine or announced visits;