What changed between the draft committee report and the plenary report

Removed:Recital 9: (9) When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom. Also, national authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable rules, including in respect of labour and tax law and social protection.

Added:Recital 8: (8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, pricing of individual assignments and working time, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms in particular use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often do not have access to information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives, representatives of persons performing platform work, and labour inspectorates and competent supervisory authorities do not have access to this information either. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to obtain an explanation for those decisions, to discuss those decisions with a contact person or to contest them and to seek rectification and, where relevant, redress. Persons performing platform work and their representatives often do not receive timely information or the opportunity to discuss, to be effectively consulted, negotiate and to review the algorithmic systems that nonetheless have a direct impact on their working …

Removed:Recital 10: (10) A body of legal instruments provides for minimum standards in working conditions and labour rights across the Union. This includes in particular Directive (EU) 2019/1152 of the European Parliament and of the Council55 on transparent and predictable working conditions, Directive 2003/88/EC of the European Parliament and of the Council56 on working time, Directive 2008/104/EC of the European Parliament and of the Council57 on temporary agency work, and other specific instruments on aspects such as health and safety at work, pregnant workers, work-life balance, fixed-term work, part-time work, posting of workers, information and consultation of workers, among others. Those legal instruments are complemented by particularly relevant case-law of the Court of Justice of the European Union finding that ‘stand-by’ time, during which the worker's opportunities to carry out other activities are significantly restricted, are to be regarded as working time57aa(. While those instruments provide a level of protection to workers, they do not apply to the genuine self-employed. / 57a Judgment of the Court of 21 February 2018 in Ville de Nivelles v Rudy Matzak, C-518/15, ECLI: EU:C:2018:82; confirmed and elaborated in the judgments of 9 March 2021 in RJ v Stadt Offenbach am Main, C-580/19, ECLI:EU:C:2021:183; and 9 March 2021 in -D.J. v Radiotelevizija Slovenija, C-344/19, ECLI:EU:C:2021:182.

Added:Recital 9: (9) When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom, especially online based platform work. Also, national authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable national and European rules, including in respect of labour and tax law and social protection.

Removed:Recital 12: (12) Regulation (EU) 2016/679 of the European Parliament and of the Council59 (‘General Data Protection Regulation’) ensures the protection of natural persons with regard to the processing of personal data, and in particular provides certain rights and obligations as well as safeguards concerning lawful, fair and transparent processing of personal data, including with regard to automated or semi-automated individual decision-making. Regulation (EU) 2019/1150 of the European Parliament and of the Council60 promotes fairness and transparency for ‘business users’ using online intermediation services provided by operators of online platforms. The European Commission has proposed further legislation laying down harmonised rules for providers and users of artificial intelligence systems61 .

Added:Recital 9 a (new): (9a) The number of platforms active in the Union increased from 463 in 2016 to 516 in March 2021. The platform economy in the Union increased almost fivefold during the same period, from an estimated EUR 3,4 billion in 2016 to about EUR 14 billion in 2020. The majority of activity of such platforms relates to taxi and food delivery services, both of which were strongly affected by the COVID-19 pandemic (- 35% and +125%, respectively). Platforms that have their origin outside the Union play an important role in the Union’s platform economy.

Removed:Recital 13: (13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work and to protect workers’ fundamental rights. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status as well as fair and just working conditions, at promoting transparency, fairness, accountability, and preventing health and safety risks in algorithmic management, and at improving transparency in platform work, including in cross-border situations. This should be done with a view to improving legal certainty, creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the Union.

Added:Recital 10: (10) A body of legal instruments provides for minimum standards in working conditions and labour rights across the Union. This includes in particular Directive (EU) 2019/1152 of the European Parliament and of the Council55 on transparent and predictable working conditions, Directive 2003/88/EC of the European Parliament and of the Council56 on working time, Directive 2008/104/EC of the European Parliament and of the Council57 on temporary agency work, and other specific instruments on aspects such as health and safety at work, pregnant workers, work-life balance, fixed-term work, part-time work, posting of workers, information and consultation of workers, among others. Those legal instruments have been interpreted by the Court of Justice of the European Union (Court of Justice) in particularly relevant case law, according to which ‘stand-by’ time, during which the worker's opportunities to carry out other activities are significantly restricted, is to be regarded as working time57a. The interpretation of the Court of Justice is particularly relevant for platform workers who spend 8,9 hours per week57b doing unpaid tasks, such as researching tasks, waiting for assignments, participating in contests to get assignments and reviewing work ads, which is not accounted for as working time when they are incorrectly classified as self-employed. While those instruments provide a level of protection to workers, they do not apply to genuinely self-employed persons. / 57a Judgement of the…

Removed:Recital 14: (14) The Commission has undertaken a two-stage consultation of the social partners, in accordance with Article 154 of the Treaty on the Functioning of the European Union, on the improvement of working conditions in platform work. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level in this area by adapting the current legal framework to the emergence of platform work and of the use of automated or semi-automated monitoring and decision-making systems.

Added:Recital 11: (11) Social protection is a solidarity-based safety net that is beneficial not only to the individual but also to society as a whole. Council Recommendation 2019/C 387/0158 on access to social protection for workers and the self-employed recommends Member States to take measures ensuring formal and effective coverage, adequacy and transparency of social protection schemes for all workers and self-employed. Member States currently have varying degrees of providing social protection to the self-employed. It is essential to ensure, and where necessary extend, access to social protection to persons performing platform work including for people transitioning from one status to another in order to ensure the portability of accumulated social rights and entitlements.

Removed:Recital 15: deleted

Added:Recital 12: (12) Regulation (EU) 2016/679 of the European Parliament and of the Councilensures the protection of natural persons with regard to the processing of personal data, and in particular provides certain rights and obligations as well as safeguards concerning lawful, fair and transparent processing of personal data, including with regard to automated individual decision-making. Regulation (EU) 2019/1150 of the European Parliament and of the Council60 promotes fairness and transparency for ‘business users’ using online intermediation services provided by operators of online platforms. The European Commission has proposed further legislation laying down harmonised rules for providers and users of artificial intelligence systems61, which will apply without prejudice to the more specific rules set out in this Directive. / (deleted)

Removed:Recital 16 a (new): (16a) This Directive should apply, for the provisions on algorithmic management, to all workers subject to automated or semi-automated monitoring and decision-making systems in relation to their working conditions or the organisation of their work.

Added:Recital 13: (13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work and to protect platform workers’ rights. Platform workers and, where applicable, persons performing platform work should be provided with a number of minimum rights, the correct determination of their contractual status as well as fair and just working conditions, promoting transparency, fairness, accountability and non-discrimination, and preventing health and safety risks in algorithmic management, improving transparency in platform work, including in cross-border situations, and ensuring the right to bargain collectively in accordance with national law and practice. This should be done with a view to improving legal certainty, creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the Union. In order to achieve this, persons working via a digital labour platform should be correctly classified in relation to their contractual status in order to access the applicable national labour and social protection law.

Removed:Recital 17: (17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised through that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights and working conditions in platform work.

Added:Recital 14: (14) The Commission has undertaken a two-stage consultation of the social partners, in accordance with Article 154 of the Treaty on the Functioning of the European Union, on the improvement of working conditions in platform work. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level in this area by adapting the current legal framework to the emergence of platform work and of the use of automated monitoring and decision-making systems.

Removed:Recital 18: (18) Digital labour platforms differ from other online platforms in that they organise work or intermediate in the organisation of work performed by individuals at request, one-off or repeated, involving computer programs and procedures. Organising work performed by individuals should imply at a minimum a role in matching the demand with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose purpose is to exploit or share assets, such as short-term rental of accommodation.

Added:Recital 15: (15) In addition, the Commission held extensive exchanges with relevant stakeholders, including digital labour platforms, associations of persons performing platform work, the social partners, experts from academia, Member States and international organisations and representatives of civil society.

Removed:Recital 18 a (new): (18a) The frequent misclassification of persons performing platform work, together with the lack of a common workplace where platform workers can get to know and communicate with each other, including for the purpose of defending their interests against the employer, make the phenomenon of company trade unions or workers’ representatives that are established or controlled by the employer itself in the interests of the employer rather than those of the workers, particularly serious in platform work. Such company trade unions or workers’ representatves are contrary to Article 2 of International Labour Organization (ILO) Convention No 98 and and to Directive 2002/14/EC of the European Parliament and of the Council1a. When establishing or implementing practical arrangements for information and consultation, employers and the workers’ representatives should work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests both of the undertaking or establishment and of the workers. Digital labour platforms will ensure, together with the most representative trade unions, that elections for workers’ representatives comply with fundamental rights and freedoms and are in line with applicable national law and practices. / 1a Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.200…

Added:Recital 16: (16) This Directive should apply to persons performing platform work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuinely self-employed persons and to other persons performing platform work in the Union who do not have an employment relationship.

Removed:Recital 18 b (new): (18b) The exclusive prerogatives of trade unions should be preserved, such as their right to participate in collective bargaining and to conclude collective agreements. The rights and prerogatives of trade union and other workers’ representatives set out in this Directive should be ensured and respected inline with the ILO Conventions (in particular Convention 87 on Freedom of Association and Protection of the Right to Organise, ILO Convention 98 on the Right to Organise and Collective Bargaining, and having due regard to ILO Convention 135 on Workers’ Representatives, ILO Convention 151 on Labour Relations (Public Service), ILO Convention 154 on Collective Bargaining and the related ILO Recommendations, as well as the Council of Europe’s European Social Charter.

Added:Recital 17 a (new): (17a) Self-employed intermediary persons covered by Council Directive 86/653/EEC1a, who have continuing authority to negotiate the sale or the purchase of goods on behalf of another person or to negotiate and conclude such transactions on behalf of and in the name of that person, should not fall within the scope of this Directive, provided that a digital labour platform does not organise the work of commercial agents or intermediates between such commercial agents and their principals. / 1a Council Directive 86/653/EEC on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ L 382, 31.12.1986, p.17).

Removed:Recital 19: (19) A person performing platform work is either a platform worker or a self-employed. To combat false self-employment in platform work and to facilitate the correct determination of the employment status, Member States should have appropriate procedures in place to prevent and address misclassification of the employment status of persons performing platform work, including proper compensation and the payment of any outstanding remuneration, taxes and social security contributions due to the misclassification. The aim of those procedures should be to ascertain the existence of an employment relationship as defined by national law, collective agreements or practice with consideration to the case-law of the Court of Justice, and, where such employment relationship exists, to ensure full compliance with Union law applicable to workers as well as national labour law, collective agreements and social protection rules. Where self-employment is the correct employment status, rights and obligations pursuant to that status should apply.

Added:Recital 17 b (new): (17b) Taxi dispatch services, as regulated under national law and practice, can be distinguished from ride hailing digital labour platforms, when they are merely an ‘add-on’ to a pre-existing service and only connect genuinely self-employed licensed taxi drivers with their customers, sending the communications received from persons seeking a taxi service to licensed taxi drivers, provided that they do not exert any type of control or direction, in accordance with this Directive, over the licensed taxi drivers, namely that, inter alia, the service provider does not set and collect the fare for the journey and does not have control over the quality of the vehicles or over the drivers and their performance of the work. Self-employed taxi drivers are usually free to choose how to generate their turnover due to the rights typically received with their license, such as the right to access clients freely by means of street-hailing, dedicated public taxi stops or equivalent ways.

Removed:Recital 20: (20) In its case law, the Court of Justice has established criteria for determining the status of a worker62 . The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self-employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive.

Added:Recital 17 c (new): (17c) Crowdwork can be defined as the organising of outsourcing or allocation of tasks potentially provided to a large pool of customers or employers, through online platforms. Crowdwork shares many similarities with other forms of non-standard employment such as temporary work, part-time work or temporary agency work. It is typically performed over the internet through a technological intermediary which is often a platform. Microwork or crowdwork platforms coordinate small online tasks. Those microtask platforms are a type of online digital labour platform that provide businesses and other clients with access to a large, flexible workforce (a “crowd”) for the completion of small tasks that can be completed remotely using a computer and internet connection. Tasks are distributed to a large number of individuals - the so-called crowd - who can perform individual activities asynchronously and remotely via their personal computers. Digital labour platforms organising crowdwork should fall within the scope of this Directive.

Removed:Recital 22: (22) Where the existence of an employment relationship is established based on facts, the party acting as employer should be clearly identified and that party should fulfil all the obligations resulting from its role as employer and comply with national law and collective agreements linked to the relevant sector of activity.

Added:Recital 18: (18) Digital labour platforms differ from other online platforms in that they organise the work performed by individuals at request of a recipient of a service or by the allocation of work through an open call, one-off or repeated, through electronic means, such as a website or a mobile application. Organising work performed by individuals should imply at a minimum a role in matching the demand with the supply of labour by an individual who has a contractual relationship with the digital labour platform, irrespective of the contractual designation of the relationship between that individual and the natural or legal person providing the service, and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means for advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose purpose is to exploit or share assets, such as short-term rental of accommodation or to resell goods.

Removed:Recital 22 a (new): (22a) Experience has shown that the existing Member States’ sanctions have not been sufficient to achieve full compliance with prohibitions against the use of false self-employment employment. One of the reasons is that administrative sanctions alone are likely not to be enough to deter certain unscrupulous employers. Compliance can and should be strengthened by the application of effective and dissuasive sanctions, which could imply the suspension of the operating licence in cases of persistent infringements or particularly exploitative working conditions. Particularly exploitative working conditions means working conditions, including those resulting from gender-based or other discriminations, where there is a striking disproportion compared with the terms of employment of legally employed workers which, for example, affects workers’ health and safety, fundamental rights and which offends against human dignity.

Added:Recital 18 a (new): (18a) The frequent misclassification of persons performing platform work, together with the lack of a common workplace where platform workers can get to know and communicate with each other, including for the purpose of defending their interests against the employer, make the phenomenon of company trade unions, or workers’ representatives that are established or controlled by, and in the interests of, the employer rather than those the workers1a, particularly serious in platform work. Such company trade unions or workers’ representatives are contrary to Article 2 of International Labour Organization (ILO) Convention No 98 and to Directive 2002/14/EC of the European Parliament and of the Council1b. When establishing or implementing practical arrangements for information and consultation, employers and the workers’ representatives should work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests both of the undertaking or establishment and of the workers. Digital labour platforms should ensure, together with the most representative trade unions, that elections for workers’ representatives comply with fundamental rights and freedoms and are in accordance with applicable national law and practice. / 1a Eurofound definition, https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/company-union / 1b Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002…

Removed:Recital 22 c (new): (22c) Member States should be encouraged to determine, 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.

Added:Recital 18 b (new): (18b) Social dialogue and collective bargaining are of utmost importance for achieving the goals of thisDirective. The exclusive prerogatives of trade unions should be preserved, such as their right to participate in collective bargaining and to conclude collective agreements. The rights and prerogatives of trade union and other workers’ representatives set out in this Directive should be ensured and respected in line with ILO conventions1a as well as the Council of Europe’s European Social Charter. / 1a In particular, Convention No 87 on Freedom of Association and Protection of the Right to Organise, ILO Convention No 98 on the Right to Organise and Collective Bargaining, and having due regard to ILO Convention No 135 on Workers’ Representatives, ILO Convention No 151 on Labour Relations (Public Service), ILO Convention No 154 on Collective Bargaining and the related ILO Recommendations.

Removed:Recital 22 d (new): (22d) 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.

Added:Recital 18 c (new): (18c) Automated decision-making and monitoring systems should include any computing mechanism that uses computer science techniques or data sets which can influence working conditions, the organisation of labour, and enable problem-solving actions or recommendations that have a significant impact on the persons performing platform work. Such automated decision-making includes, inter alia,monitoring, performance evaluation, individual profiling, and the assignment of tasks. The use of computer-based applications for the exchange of messages (such as emails) is, in principle, regarded as a means of communication and thus does not imply that those applications are automated decisions per se.

Removed:Recital 22 e (new): (22e) 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 workers. In order to prevent the misuse of subcontracting by the digital labour platforms to circumvent this Directive, it is necessary to ensure that at least the contractors of which the employer is a subcontractor may be considered to be the true employer and therefore held liable to pay wages, social security contributions and financial sanctions 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 Council1a. / 1a Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).

Added:Recital 19: (19) A person performing platform work may be either a platform worker or a genuinely self-employed person. In order to combat false self-employment in platform work and to facilitate the correct determination of the employment status, Member States should have effective procedures in place to prevent and address misclassification of the employment status of persons performing platform work. The aim of those procedures should be to ensure the correct determination of the employment status, ascertaining the existence of an employment relationship as defined by national and applicable international law, collective agreements or practice with consideration to the case-law of the Court of Justice, and, where such employment relationship exists, to ensure full compliance with Union law applicable to workers as well as national labour law, collective agreements and social protection rules. Where self-employment – as defined at national level – is the correct employment status, rights and obligations pursuant to that status should apply.

Removed:Recital 22 f (new): (22f) It is necessary to introduce enforcement provisions which ensure the use of favourable presumptions in cases of misclassification of workers when reclassifying them, including a presumption that the worker has an open-ended employment relationship, that there is no probationary period and that the worker has a full-time position in the undertaking.

Added:Recital 20: (20) In its case law, the Court of Justice has established criteria for determining the status of a worker62 . The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self-employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations, creating a situation of unfair competition in respect of law-abiding companies. Such persons should fall within the scope of this Directive.

Removed:Recital 22 g (new): (22g) The use of undeclared work in delivery platforms has been evidenced in several Member States. This practice is carried out through rented identities: platform workers or people with the right to work who registers in the platform rent their accounts mainly to undocumented migrants and to minors. In order to prevent this illegal practice and protect the potential victims from labour exploitation, provisions on subcontracting chains in platform work are needed, so that all those in the chain can be held accountable as well as ensuring the right to redress also for undocumented migrants. Member States should provide that undocumented migrants can have access to justice without fearing any retaliation or risk of deportation, also in accordance with Directive 2009/52/EC. This might require the establishment of a division between enforcement of labour legislation and mechanisms of migration control.

Added:Recital 22: (22) Where the existence of an employment relationship is established based on facts, the party or parties acting as employer should be clearly identified, fulfil all the obligations resulting from their role as employer under national law and relevant national or sectoral collective agreements applicable to the sector of activity, which is to be determined by Member States in cooperation with the social partners, in accordance with national law and practice.

Removed:Recital 29: (29) While Regulation (EU) 2016/679 establishes the general framework for the protection of natural persons with regard to the processing of personal data, it is necessary to lay down rules addressing the concerns that are specific in the processing of personal data in the context of platform work and work subject to automated or semi-automated monitoring and decision-making systems. This Directive provides for more specific rules in the context of platform work and work subject to those systems, 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. In this context, terms relating to the protection of personal data in this Directive should be understood in light of the definitions set out in Regulation (EU) 2016/679.

Added: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 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 prohibits the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation and allows Member States to maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health. 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 the rights to rectification, to erasure, to restriction of processing of data, to data portability and to object 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 or semi-automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, subject to the exceptions provided for in paragraph 2 of that art…

Added: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 a (new): (30a) The use of algorithmic scheduling systems heightens the use of precarious, short shifts and unstable and unpredictable schedules. 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.

Added: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 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 for 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 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 also establishes that those rules are to include suitable and specific measures to safeguard the data subject's human dignity, legitimate interests and fundamental rights, with particular regard to the transparency of processing, the transfer of personal data within a group of unde…

Added: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 32: (32) Digital labour platforms and any other undertaking should be subject to transparency obligations in relation to automated or semi-automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means or to monitor the workers themselves; and automated or semi-automated decision-making systems which are used to take or support decisions that affect working conditions, including access of persons performing platform work or subject to these systems when performing their work to work assignments, their earnings, their occupational safety and health, their working time, their promotion, their 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 concerning such systems should also be provided where decisions are not solely based on automated or semi-automated processing, provided that they are supported by automated or semi-automated systems. It should also be specified which kind of information should be provided to persons performing platform work or subject to these systems when performing their work regarding such automated or semi-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 pro…

Added: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 a (new): (32a) The type of processing of data in digital labour platforms and other undertakings using automated or semi-automated monitoring and decision-making systems is likely to 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 is to seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of commercial or public interests or the security of processing operations. That consultation should be carried out in an appropriatemanner and with appropriate content to enable, in particular, workers' representatives to conduct an adequate study and, where necessary, prepare for the consultation.

Added: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 33: (33) Digital labour platforms and any other undertaking should be required to disclose the detailed functioning of their automated or semi-automated monitoring and decision-making systems, including algorithms, fundamental rights and freedoms of the workers or affecting working conditions or work organisation.

Added: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 34: (34) Articles 5 and 6 of Regulation (EU) 2016/679 require that personal data are accessed, collected and processed in a lawful, fair and transparent manner. Digital labour platforms and any other undertaking using automated or semi-automated monitoring and decision-making systems should therefore not be allowed to access, collect and process any personal data concerning persons performing platform work that are not intrinsically connected to and strictly necessary for the performance of the contract between those persons and the digital labour platform or the undertaking. Article 6(5) 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. Workers and workers’ representatives have the right to access the data collection of workers, to obtain the rectification or erasure of the data, to restrict the processing and to be notified about any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 of Regulation (EU) 2016/679. Workers and workers’representatives have the right to object at any time to processing of personal data concerning them, which is based on Article 6(1), point (e) or (f), including profiling based on those provisions. In those cases, the undertaking should no longer pr…

Added: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 35: (35) Digital labour platforms and an increasing number of other undertakings make extensive use of automated or semi-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 or subject to these systems when performing their work, who might not have a direct contact with a human manager or supervisor. Digital labour platforms and any other undertaking making use of those systems should therefore regularly oversight and evaluate the impact of individual decisions taken or supported by automated or semi-automated monitoring and decision-making systems on working conditions and on fundamental rights and freedoms of workers, including their human dignity. Undertakings should ensure sufficient human resources for this purpose. The persons charged by the undertaking with the function of supervising 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 or semi-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 and undertakings using those systems in relation to human monitoring of the impact of …

Added: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 36: (36) Article 22(3) of Regulation (EU) 2016/679 requires data controllers to implement suitable measures to safeguard data subjects’ rights and freedoms and legitimate interests in cases where the latter are subject to decisions based solely on automated or semi-automated processing. That provision requires, as a minimum, the data subject’s right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. Those requirements apply also to digital labour platforms and other undertakings using those systems. Article 8 of this Directive provides for more specific rules in the context of platform work and work subject to automated or semi-automated monitoring and decision-making systems, 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. Article 22 of Regulation (EU) 2016/679 provides that the data subject have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.Therefore, algorithmic management that entails fully automated decision-making that has significant effects on individuals without input from human managers is unlawful under Union law.

Added: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 36 a (new): (36a) Human reviewers should be involved in checking the system’s recommendation and should not “routinely” apply the automated recommendation to an individual; reviewers’ involvement should be active and not just a token gesture. They should have actual concrete influence on the decision, including the “authority and competence” to go against the recommendation; 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 workers’ rights as well as their health and safety.

Added: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 37: (37) In that context, persons performing platform work and any other worker subject to automated or semi-automated systems should have the right to obtain an explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated or semi-automated systems that 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 and any other undertaking using automated or semi-automated monitoring and decision- making systems 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 and any other undertaking using those systems should provide the person performing platform work and any other worker subject to automated or semi-automated systems with a written statement of reasons for any decision 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 they are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. Such decisions should be taken in line with applicable provis…

Added: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 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 or semi-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 or subject to those systems when performing work, digital labour platforms and undertakings using those systems should avoid those risks, evaluate 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 and protective measures. Especially 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 provides for employers to consult workers and workers’ representatives and 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 …

Added: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 41: (41) In order to ensure that digital labour platforms comply with labour legislation and regulations, social security contribution obligations, social security coordination and other relevant rules, and with a view to prevent 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 to such cross-border cases, the European Labour Authority was established to facilitate and support cooperation between the competent national authorities in the provision of information to employers and workers, to foster the exchange of information, including through promoting where relevant the use of electronic exchange mechanisms between national authorities such as the Commission’s Internal Market Information System, and the enforcement of legislation through concerted and joint inspections.

Added: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 42: (42) Information on the number of persons performing platform work through digital labour platforms on a regular basis, their contractual or employment status and the general terms and conditions applicable to those contractual relationships 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 workers’ representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and workers’ 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 Labour Authority should support the collection and sharing of those data for the purpose of developing appropriate risk assessment tools.

Added: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 44: (44) Representatives of persons performing platform work or subject to automated and semi-automated monitoring and decision-making systems 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.

Added: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 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. It is therefore necessary to create digital communication 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. Digital labour platforms should create such communication 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 that trade unions are able to effectively exercise their role.

Added: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 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 supervise certain elements of the performance or the quality 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.

Added: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 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 and work subject to automated and semi-automated monitoring and decision-making systems 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 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, 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.

Added: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 48: (48) Automated or semi-automated monitoring and decision-making systems used in the context of platform work and work subject to those systems involve the processing of personal data and affect the working conditions and rights of persons performing platform work or subject to those systems when performing 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.

Added: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 49: (49) Since the objective of this Directive, namely to improve working conditions in platform work and work subject to automated or semi-automated monitoring and decision-making systems, 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. 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.

Added: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 50: (50) This Directive lays down minimum requirements, thus leaving untouched Member States’ prerogative to introduce and maintain provisions which are more favourable for platform workers and workers subject to automated or semi-automated monitoring and decision-making systems. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union or national law in this field, nor can it constitute valid grounds for reducing the general level of protection in the field covered by this Directive.

Added: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:Article 1 – paragraph 1: 1. The purpose of this Directive is to improve the working conditions: / (a) of persons performing platform work by ensuring the correct determination of their employment status, by promoting transparency, fairness, safety and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations; / (b) of any other worker subject to automated or semi-automated monitoring and decision-making systems, by promoting transparency, fairness, safety and accountability in algorithmic management.

Added: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:Article 1 – paragraph 2 – subparagraph 1 a (new): In accordance with Article 10a, rights laid down in this Directive pertaining to the transparency on, and use of, automated or semi-automated monitoring and decision-making systems, the human monitoring of automated or semi-automated systems, the human review of significant decisions and those related to information and consultation and to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every worker in the Union subject to automated or semi-automated monitoring and decision-making systems.

Added: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:Article 1 – paragraph 3 a (new): 3a. Articles 6, 7, 8 and 9 shall also apply to every worker subject to automated or semi-automated monitoring and decision-making systems when performing work and to undertakings using those systems.

Added: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:Article 2 – paragraph 1 – point 1 – introductory part: (1) ‘digital labour platform’ means any natural or legal person using computer programs and procedures for intermediating, supervising or organising in any way the work performed by individuals, irrespective of whether that work is performed online or in a certain location;

Added: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:Article 2 – paragraph 1 – point 1 – point a: deleted

Added: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:Article 2 – paragraph 1 – point 1 – point b: deleted

Added:Recital 51: deleted

Removed:Article 2 – paragraph 1 – point 1 – point c: deleted

Added: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 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 facts, the party or parties assuming the obligations of the employer in relation to labour law,including sectorial obligations established by collective agreements, income tax and financing of social protection shall be clearly identified in accordance with national legal systems, taking into account Article 12b on subcontracting liability.

Added: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 3 – paragraph 2 a (new): 2a. Digital labour platforms exerting the prerogatives of employers are undertakings and shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity. Platform workers shall fully enjoy the status of worker in line with national law and sectorial collective agreements, including the right to join a trade union, to organise, and bargain collectively.

Added: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 4 – paragraph 1 – introductory part: 1. 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. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.

Added: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 4 – paragraph 1 – subparagraph 1: The legal presumption shall apply in all relevant administrative procedures and administrative and legal proceedings. Competent authorities and bodies responsible for registering administrative procedures, verifying compliance with or enforcing relevant legislation shall be able to rely on that presumption.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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 5 – paragraph 3: Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.

Added:Article 5 – paragraph 1: 1. Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both.

Removed:Article 6 – title: Transparency on and use of automated or semi-automated monitoring and decision-making systems

Removed:Article 6 – paragraph 1 – introductory part: 1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Regulation (EU) 2016/679, Directive (EU) 2019/1152 and Directive 89/391/EEC, Member States shall require digital labour platforms to inform, in advance, platform workers, workers representatives and the labour inspectorate and competent authorities, of:

Added:Article 5 – paragraph 2: Where the digital labour platform argues that the contractual relationship in question is not an employment relationship in accordance with Article 4(1) and as defined by applicable the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform.

Removed:Article 6 – paragraph 1 – point a: (a) automated or semi-automated monitoring systems which are used to monitor, supervise or evaluate the work performance of platform workers through electronic means;

Removed:Article 6 – paragraph 1 – point b: (b) automated or semi-automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their recruitment, their access to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account.

Added:Article 5 – paragraph 3: Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship in accordance with Article 4(1), and as defined by applicable law, collective agreements or practice in force in the Member State in question and the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.

Removed:Article 6 – paragraph 1 – subparagraph 1 a (new): That information shall be provided irrespectively of the automated or semi-automated monitoring and decision-making systems being managed by the digital labour platform or a sub-contracted service provider which sells its management services to the platform.

Removed:Article 6 – paragraph 2 – point a – introductory part: (a) as regards automated or semi-automated monitoring systems:

Added:Article 5 – paragraph 3 a (new): 1a. Member States shall ensure the possibility to rebut the presumption referred to in Article 4 by means of demonstrating that the person performing platform work is genuinely self-employed as both the following criteria are satisfied:

Removed:Article 6 – paragraph 2 – point a – point ii a (new): (iia) the goals and purposes of the monitoring;

Added:Article 5 – paragraph 3 a – point a (new): (a) the contractual relationship in question is not an employment relationship as defined by applicable law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, and the person performing platform work is free from control and direction of the digital labour platform in connection with the performance of the work, both under the contract for the performance of the work and in fact;

Removed:Article 6 – paragraph 2 – point a – point ii b (new): (iib) the functioning and mode of operation of features that affect the employment relationship;

Added:Article 5 – paragraph 3 a – point b (new): (b) the person performing platform work is usually engaged in an independently established trade, profession or business of the same nature as that with which the work performed is related.

Removed:Article 6 – paragraph 2 – point a – point ii c (new): (iic) an explanation of how the system complies with applicable law and collective agreements;

Added:Article 5 – paragraph 3 b (new): 1b. The following elements indicating control and direction in connection with the performance of work, within the meaning of Article 5(2), point (a), shall be taken into consideration:

Removed:Article 6 – paragraph 2 – point b – introductory part: (b) as regards automated or semi-automated decision-making systems:

Added:Article 5 – paragraph 3 b – point a (new): (a) effectively determining, or setting upper limits for, the level of remuneration or issuing periodic payments of remuneration;

Removed:Article 6 – paragraph 2 – point b – point iii: (iii) the categories of data and main parameters that such systems take into account and the relative importance of those main parameters in the automated or semi-automated decision-making, including the way in which the platform worker’s personal data or behaviour influence the decisions and the performance evaluation mechanisms;

Added:Article 5 – paragraph 3 b – point b (new): (b) effectively determining or controlling working conditions, including restricting time schedule and working time duration, or enforcing the performance of work, including through penalties or incentives, restricting access to work, or using rating systems as a tool of control and a basis for penalties and as a tool to allocate work assignments;

Removed:Article 6 – paragraph 2 – point b – point iv: (iv) the grounds for decisions to restrict, suspend the platform worker’s account, to refuse the remuneration for work performed by the platform worker, on the platform worker’s contractual status or any decision with similar effects. These decisions shall be taken in line with applicable provisions provided by national legislation and collective agreements;

Added:Article 5 – paragraph 3 b – point c (new): (c) effectively preventing the person performing platform work from developing business contacts with potential clients, including via controlling or restricting the communication between the person performing platform work and the recipient of goods or services during or after the performance of the work;

Removed:Article 6 – paragraph 2 – point b – point iv a (new): (iva) an explanation of how the system complies with national law and collective agreements.

Added:Article 5 – paragraph 3 b – point d (new): (d) tracking or supervising the person performing platform work while performing the work;

Removed:Article 6 – paragraph 2 a (new): 2a. Decisions that have an impact on working conditions, health and safety and on the contractual relationship or introducing changes to the agreed terms of the employment relationship, and decisions suspending or terminating the contractual relationship and the platform worker’s account, shall not be taken by automated or semi-automated monitoring and decision-making systemsand shall be taken in line with national law and collective agreements.

Added:Article 5 – paragraph 3 b – point e (new): (e) requiring the person performing platform work to comply with specific rules with regard to appearance, conduct towards the recipient of the service or performance of the work;

Removed:Article 6 – paragraph 3: 3. Digital labour platforms shall provide to workers and workers’representatives in due time as to allow a thorough examination and effective consultation the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information in due time and at the latest on the first working day, as well as before any changes affecting working conditions or the organisation of work and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

Added:Article 5 – paragraph 3 b – point f: (f) effectively restricting the use of subcontractors or substitutes to perform the work;

Removed:Article 6 – paragraph 4: 4. Digital labour platforms shall make the information referred to in paragraph 2 available to platform workers’and workers’ representatives and national labour authorities upon their request.

Added:Article 5 – paragraph 3 b – point g: (g) effectively restricting the possibility of the person performing platform work to perform work for any third party, including competitors of the digital labour platforms;

Removed:Article 6 – paragraph 4 a (new): 4a. The features of automated or semi-automated monitoring and decision-making systems having an impact on working conditions shall be object of collective bargaining and collective agreements between the parties.

Added:Article 5 – paragraph 3 b – point h: (h) restricting the freedom of the person performing platform work to choose social protection, accident insurance, pension scheme or other forms of insurance, including through adverse consequences.

Removed:Article 6 – paragraph 5 – introductory part: 5. Digital labour platforms shall not access, collect or process any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform, in line with Regulation (EU) 2016/679. In particular they shall not:

Added:Article 5 – paragraph 3 c (new): 1c. Member States shall regularly review, assess and, where necessary, complement the elements set out in paragraph 1b, in consultation with the social partners. 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 shall not have a suspensive effect on that decision.

Removed:Article 6 – paragraph 5 – point a: (a) access, collect or process any personal data on the emotional or psychological state of the platform worker;

Added:Article 6 – paragraph 1 – subparagraph 1: 1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Regulation (EU) 2016/679 and Directives 89/391/EEC, 2009/38/EC and (EU) 2019/1152 , Member States shall require digital labour platforms to inform platform workers, workers’ representatives and the labour inspectorate and other competent authorities of:

Removed:Article 6 – paragraph 5 – point b: (b) access, collect or process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (b) to (j) of Regulation (EU) 2016/679;

Added:Article 6 – paragraph 1 – subparagraph 1 – point a: (a) automated monitoring systems which are used for, or support, monitoring, supervising or evaluating the work performance of platform workers through electronic means;

Removed:Article 6 – paragraph 5 – point c: (c) access, collect or process any personal data in relation to private conversations, including exchanges with platform workers’ and workers’ representatives;

Added:Article 6 – paragraph 1 – subparagraph 1 – point b: (b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their recruitment, their access to and organisation of work assignments, their earnings including the pricing of individual assignments, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account.

Removed:Article 6 – paragraph 5 – point c a (new): (ca) access, collect or process any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, disability or state of health, or trade union membership and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning a natural person's sex life or sexual orientation, chronic diseases or HIV status;

Added:Article 6 – paragraph 1 – subparagraph 1a (new): The information referred to in points (a) and (b) shall be provided irrespectively of the automated monitoring and decision-making systems being managed by the digital labour platform or any service provider that sells its management services to the platform.

Added:Article 6 – paragraph 2 a (new): 2a. Decisions having an impact on health and safety and on the contractual relationship or introducing changes to the agreed terms of the employment relationship, and decisions to apply disciplinary measures, or restricting, suspending or terminating the contractual relationship and the platform worker’s account, or any decision of equivalent detriment, shall not be taken by automated monitoring and decision-making systems and shall be taken in accordance with national law and collective agreements.

Added:Article 6 – paragraph 3: 3. Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. The information shall be presented in a transparent, intelligible and easily accessible form, using clear and plain language. For newly deployed automated systems information shall be provided prior to their use and before any changes affecting working conditions, the organisation of work or monitoring work performance. / Individual platform workers shall receive that information by the digital labour platform in so far as the systems and their features directly affect them and their working conditions at the latest on the first working day, or prior to the introduction of the changes affecting working conditions, the organisation of work or monitoring work performance and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language. That information shall not be subject to confidentiality rules established by Article 6a.

Added:Article 6 – paragraph 4: 4. Digital labour platforms shall always make the information referred to in paragraph 2 available to national labour authorities and other national competent authorities also upon their request.

Added:Article 6 – paragraph 5 – point a: (a) process any personal data on the emotional or psychological state of the platform worker or infer the emotional or psychological state of the platform worker by making use of any personal data collected;

Added:Article 6 – paragraph 5 – point c: (c) process any personal data in relation to private conversations, including exchanges with or among platform workers and workers’ representatives, also in relation to the possibility to organise collectively and to defend their rights;

Added:Article 6 – paragraph 5 – point c a (new): (ca) process any personal data revealing racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability or state of health, including chronic disease or HIV status, or trade union membership and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, or data concerning a person's sex life or sexual orientation;

Added:Article 6 – paragraph 5 – point d a (new): (da) make use of mandatory biometric identification or disproportionate or undue surveillance of work performance;

Added:Article 6 – paragraph 5 – point d b (new): (db) under any circumstances provide for discriminatory practices when processing personal data;

Added:Article 6 – paragraph 5 – point d c (new): (dc) process personal data to predict, prevent or restrict the exercise of fundamental rights, in particular social rights, such as the right of association, the right of collective bargaining and action or the right to information and consultation;

Added:Article 6 – paragraph 5 – point d d (new): (dd) process biometrics-based data.

Removed:Article 7 – paragraph 2 a (new): 2a. Digital labour platforms shall consult platform workers andworkers’representatives and allow them to take part in discussions on all questions relating to safety and health at work. In particular, digital labour platforms shall consult platform workers and workers’ representatives with regard to the planning and introduction of new technologies. Where automated or semi-automated monitoring and decision-making systems are in use, digital labour platforms shall periodically, and at least once a year, inform and consult workers’ representatives with regard to the matters referred to in paragraph 2.

Added:Article 7 – paragraph 2 – subparagraph 1 – point c: (c) introduce appropriate preventive, corrective and protective measures.

Removed:Article 7 – paragraph 3: 3. Member States shall require digital labour platforms to ensure sufficient human resources for overseeing the impact of individual decisions taken or supported by automated or semi-automated monitoring and decision-making systems in accordance with this Article. The persons charged by the digital labour platform with the function of monitoring shall have the necessary competence, training and authority to exercise that function, including influencing and revertingautomated decision. They shall enjoy protection from dismissal, disciplinary measures or other adverse treatment for overriding automated or semi-automated decisions or suggestions for decisions.

Added:Article 7 – paragraph 2 a (new): 2a. The impact assessment referred to in paragraph 1 shall include the matters referred to in paragraphs 1 and 2 and shall be submitted to the competent labour and data protection authorities, and to workers’ representatives.

Removed:Article 8 – title: Human review of decisions

Added:Article 7 – paragraph 2 b (new): 2b. If the impact assessment referred to in paragraph 1 finds risks to health and safety or fundamental rights that cannot be avoided nor mitigated, as referred to in paragraph 2, the digital labour platform shall immediately cease the use of the automated system.

Removed:Article 8 – paragraph 1 – introductory part: 1. Member States shall ensure that platform workers have the right to obtain an explanation from the digital labour platform for any decision taken or supported by an automated or semi-automated decision-making system that affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.

Added:Article 7 – paragraph 2 c (new): 2c. Digital labour platforms shall not use automated monitoring and decision-making systems in any manner that puts undue pressure on platform workers or otherwise puts at risk the physical and mental health of platform workers.

Removed:Article 8 – paragraph 4: 4. This Article shall be without prejudice to dismissal procedures laid down in national law or practice and collective agreements.

Added:Article 8 – paragraph 1 – subparagraph 1: Member States shall ensure that platform workers have the right to receive an explanation from the digital labour platform for any decision taken or supported by an automated decision-making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). The explanation shall be presented in a transparent and intelligible manner, using clear and plain language in due time and at the latest on the first day of application of the decision. In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.

Removed:Article 9 – paragraph 1: 1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and effective consultation of platform workers’ and workers’ representativesor, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or changes affecting working conditions and health and safety in the use of automated or semi-automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article. Social partners shall conduct effective consultations in good faith and foster social dialogue on those issues in order to codetermine them.

Added:Article 8 – paragraph 1 – subparagraph 2: Digital labour platforms shall provide the platform worker in due time and at the latest on the first day of application with a written statement of the reasons for any decision supported by an automated decision-making system to restrict access to work assignments, or to restrict, suspend or terminate the platform worker’s account, any decision to refuse the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status, any decision producing an effect on the agreed terms of the employment relationship or any decision with similar effects. Those decisions shall be taken in accordance with national law or practice and applicable collective agreements.

Removed:Article 9 – paragraph 3: 3. The platform workers’ and workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than 250 workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

Added:Article 8 – paragraph 2 – subparagraph 1: Platform workers and workers’ representatives shall have the right to request the digital labour platform to review the decisions referred to in paragraph 1. The digital labour platform shall respond to such request by providing the platform worker with a sufficiently precise and adequately substantiated reply without undue delay and in any event within two weeks of receipt of the request.

Removed:Article 9 – paragraph 3 a (new): 3a. Information and effective consultation shall be ensured irrespectively of the automated or semi-automated monitoring and decision-making systems being managed by the digital labour platform or a sub-contracted service provider which sells its management services to the platform.

Added:Article 8 – paragraph 2 – subparagraph 2: With regard to digital labour platforms which are micro, small or medium-sized enterprises, Member States may provide that that deadline is extended to one month.

Removed:Article 10 – paragraph 1: 1. Articles 6, 7, 8 and 15 shall also apply to persons performing platform work who do not have an employment contract or employment relationship for those aspects that can apply to genuine self-employed and without prejudice to the full and effective application of Articles 3 and 4.

Added:Article 8 – paragraph 3: 3. Where the decision referred to in paragraph 1 infringes the platform worker’s rights, the digital labour platform shall rectify that decision without delay or, where such rectification is not possible, provide adequate compensation, which shall be proportionate to the gravity of the infringement.

Removed:Article 10 a (new): Article 10a / Workers subject to automated or semi-automated monitoring and decision-making systems / Articles 6, 7, 8 and 9 shall also apply to any worker, irrespective of status, subject to automated or semi-automated monitoring and decision-making systems and to any undertaking that uses automated or semi-automated monitoring and decision-making systems.

Added:Article 8 – subparagraph 4: 4. This Article shall be without prejudice to dismissal procedures or any other disciplinary procedures laid down in national law, practice or applicable collective agreements.

Removed:Article 11 – paragraph 1: Without prejudice to Regulations (EC) No 883/200469 and 987/200970 of the European Parliament and of the Council, Member States shall require digital labour platforms to declare work performed by persons performing platform work , and their employment status to the competent labour, tax and social protection authorities of the Member State in which the work is performed and to share relevant data with those authorities, in accordance with the rules and procedures laid down in the law of the Member States concerned, also in order to comply with their fiscal and social protection obligations in accordance with national law or practice.

Added:Article 9 – paragraph 1: 1. Without prejudice to the rights and obligations under Directives 89/391/EEC, 2002/14/EC and 2009/38/EC, Member States shall ensure timely information and effective consultation of platform workers and workers’ representatives on decisions likely to lead to the introduction of or substantial changes affecting working conditions and health and safety in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article. When defining or implementing practical arrangements for information and consultation, the digital labour platform and the workers’ representatives shall work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests both of the digital labour platform and of the workers.

Removed:Article 11 – paragraph 1 a (new): Member States shall apply effective and dissuasive sanctions to digital labour platforms that fail to comply with the obligations referred to in paragraph 1, including the suspension of the licence to operate in cases of persistent infringements.

Added:Article 9 – paragraph 2: 2. For the purposes of this Article, the definitions of ‘information’ and ‘consultation’ as laid down in Article 2, points (f) and (g), of Directive 2002/14/EC shall apply. The rules laid down in Article 4(1), (3) and (4), and Article 7 of Directive 2002/14/EC shall apply accordingly.

Removed:Article 12 – paragraph 1 – introductory part: 1. Where labour, health and safety, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them:

Added:Article 9 – paragraph 2 a (new): 2a. Digital labour platforms shall provide the information referred to in Article 6(1), (2), (5a) and (5b) and Article 7 to workers’ representatives with sufficient time as to allow a thorough examination and effective consultation. For newly deployed automated systems, the consultation shall take place prior to their use and before any changes affecting working conditions, the organisation of work or the monitoring of work performance.

Removed:Article 12 – paragraph 1 – point a: (a) the number of persons performing platform work through the digital labour platform and their contractual or employment status;

Added:Article 9 – paragraph 3: 3. The platform workers representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than 250 workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

Removed:Article 12 – paragraph 1 – point a a (new): (aa) a copy of the employment contracts, in accordance with Regulation (EU) 2016/679;

Added:Article 9 – paragraph 3 a (new): 3a. Information and effective consultation shall be ensured irrespective of the automated monitoring and decision-making systems being managed by the digital labour platform or a service provider which sells its management services to the platform.

Removed:Article 12 – paragraph 1 – point b: (b) the general terms and conditions applicable to those contractual relationships.

Added:Article 10 – paragraph 1: 1. Articles 6, 7, 8 shall also apply to persons performing platform work who do not have an employment contract or employment relationship.

Removed:Article 12 – paragraph 3: 3. Labour, social protection and other relevant authorities and workers representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within one month by providing a substantiated reply.

Added:Chapter III a (new) – title: Chapter IIIa / PROMOTION OF COLLECTIVE BARGAINING

Removed:Article 14 – paragraph 2: 2. Trade unions or representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approval where relevant and in accordance with national law or practice.

Added:Article 12 b (new): Article 12b / Subcontracting liability / 1. Member States shall, after consulting the relevant social partners in accordance with national law and practice, provide for measures to ensure that in subcontracting chains persons performing platform work have an effective remedy whereby the digital labour platform of which the employer is a subcontractor can be held liable, in addition to or in the place of the employer, for any infringement of the platform workers' rights provided for in this Directive, including with respect to any outstanding remuneration and contributions due to the common funds or institutions of the social partners. / 2. The liability of digital labour platforms under this Article shall be limited to worker's rights acquired during the contractual relationship between the contractor and the subcontractor. / 3. Member States may, in accordance with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis with regard to the scope and range of subcontracting liability. / 4. Without prejudice to paragraphs 1, 2 and 3, Member States may take other appropriate enforcement measures, in accordance with Union and national law and practice, which provide for, in a subcontracting relationship, effective and proportionate penalties against the contractor, to tackle fraud and abuse in situations when workers have difficulties in obtaining their rights.

Removed:Article 14 – paragraph 2 a (new): 2a. Paragraphs 1 and 2 shall apply without prejudice to other competences and collective rights of the social partners and workers’ representatives, where applicable, including the right to take action on behalf of a collective interest, in accordance with national law or practice.

Added:Article 13 – paragraph 1: 1. Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679 and Article 13 of Directive 2009/52/EC, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, have access to appropriate, timely, , effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. Access to such dispute resolution and right to redress shall be free of charge, at least for workers who do not have sufficient means.

Added:Article 13 – paragraph 1a (new): 1a. Member States shall ensure that persons performing platform work have the right to lodge a complaint with the competent supervisory authority.

Added:Article 14 – paragraph 1: 1. Without prejudice to Article 80 of Regulation (EU) 2016/679 and Article 13 of Directive 2009/52/EC, and in accordance with Directive 2002/14/EC, Member States shall ensure that representatives of persons performing platform work or other legal entities which have, in accordance with the criteria laid down by national law or practice, a legitimate interest in defending the rights of persons performing platform work, may engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. They may act on behalf or in support of a person performing platform work in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval where relevant and in accordance with national law or practice.

Added:Article 14 – paragraph 2: 2. Representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work, in accordance with national law or practice.

Added:Article 14 – paragraph 2 a (new): 2a. Paragraphs 1 and 2 shall apply without prejudice to the competences of trade unions as set out in national law or practice.

Removed:Article 16 – paragraph 1: 1. Member States shall ensure that in proceedings concerning a claim regarding correct determination of the employment status of persons performing platform work, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in their control, regardless of where the digital labour platform is established and where the platform commissions contractors to ensure part of the algorithmic management.

Added:Article 15 – paragraph 1 a (new): 1a. In order to safeguard persons performing platform work from violence, including gender-based violence and harassment, Member States shall take the necessary measures to ensure that digital labour platforms develop policies against violence and harassment and take preventative measures, in particular by creating, with the involvement of representatives of persons performing platform work, effective reporting channels through the digital labour platforms, digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Digital labour platforms shall ensure that the privacy of those individuals and the confidentiality of the reports are duly protected. Member States shall require digital labour platforms to have effective and timely preventative and protective measures and investigation mechanisms to address such reports.

Removed:Article 19 – paragraph 3 a (new): 3a. Member States shall provide for the possibility of imposing further sanctions against employers, inter alia, exclusions from entitlement to some or all public benefits, aids or subsidies, including agricultural subsidies, exclusions from public procurement procedures and recovery of some or all public benefits, aids or subsidies, including Union funding managed by Member States, that have already been granted.

Removed:Article 19 – paragraph 3 b (new): 3b. Member States shall provide or increase financial sanctions and penalties in the case of: / (a) the number of infringements; / (b) the number of workers affected.

Removed:Article 20 – paragraph 1: 1. This Directive shall not constitute valid grounds for reducing the level of protection already afforded to workers within Member States.