Background
Platform work is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers. However, platform work gives rise to new business models and forms of employment, some of which are not covered by existing systems of protection. Therefore, in line with the European Pillar of Social Rights, Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions in platform work creates a legal framework to provide adequate protection for individuals performing platform work, regardless of the nature of the contractual relationship.
Objective
The objective of the Directive is to improve working conditions and the protection of personal data in platform work by:
- introducing measures to facilitate the determination of the correct employment status of persons performing platform work;
- promoting transparency, fairness, human oversight, safety and accountability in algorithmic management in platform work; and
- improving transparency with regard to platform work, including in cross-border situations.
Definitions
The Directive defines the following terms: ‘‘digital labour platform’‘, ‘‘platform work’‘, ‘‘person performing platform work’‘, ‘‘platform worker’‘, ‘‘intermediary’‘ ‘‘workers’‘ representatives’‘, ‘‘representatives of persons performing platform work’‘ ‘‘automated monitoring systems’‘ ‘‘automated decision-making systems’‘
Scope
The Directive applies to digital labour platforms organising platform work performed in the Union. It lays down minimum rights that apply to every person performing platform work in the Union who has or who, on the basis of an assessment of the facts, is deemed to have an employment contract or employment relationship.
Contents
The Directive requires Member States to put appropriate and effective procedures in place to verify and ensure the determination of the correct employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship. The relationship between a digital labour platform and a person performing platform work shall be legally presumed to be an employment relationship when facts indicating control and direction, according to national law, collective agreements or practice in force in the Member States are found. If the digital platform wants to rebut this presumption, it must prove that the contractual relationship in question is not an employment relationship.
Digital labour platforms must respect restrictions on the processing of personal data by means of automated monitoring systems or automated decision-making systems and are not allowed to process personal data such as:
- personal data on the emotional or psychological state of platform workers
- data related to private conversations
- any personal data of a platform worker while that person is not performing platform work;
- data to predict actual or potential trade union activity
- data used to infer a worker’s racial or ethnic origin, migration status, political opinions, religious beliefs, disability, health status, emotional or psychological state
- biometric data, other than data used for authentication
Digital labour platforms are required to inform persons performing platform work, platform workers’ representatives and, upon request, national competent authorities, of the use of automated monitoring systems or automated decision-making systems.
Digital labour platforms need to monitor and evaluate the impact of individual decisions taken or supported by automated monitoring systems and automated decision-making systems on persons performing platform work, including, where applicable, on their working conditions and equal treatment at work. Digital labour platforms should ensure sufficient human resources for the purpose of such oversight and evaluation. The persons charged by the digital labour platform with the function of oversight should have the competence, training and authority necessary to exercise that function and in particular the right to override automated decisions.
Taking into account Directive 89/391/EEC and related directives on health and safety at work, digital labour platforms shall pay particular attention to the specific aspects of platform work:
- evaluate the risks of automated monitoring systems and automated decision-making systems to their safety and health, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;
- assess whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment;
- introduce appropriate preventive and protective measures.
Digital labour platforms
- must also ensure effective information and consultation and the participation of platform workers and/or their representatives on safety and health issues
- may not use automated monitoring systems or automated decision-making systems in a manner that puts undue pressure on platform workers or otherwise puts at risk the safety and physical and mental health of platform workers.
To ensure the safety and health of platform workers, including from violence and harassment, Member States shall ensure that digital labour platforms take preventive measures, including providing for effective reporting channels.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 2 December 2026.
Read the full text of Directive 2024/2831/EU
Further information: EU Commission Factsheet: improving working conditions in platform work