Changes from plenary report to adopted text

RemovedArticle 4 – paragraph 3 – point d c (new): (dc) ensure that duly qualified technical experts and specialists, particularly with respect to algorithmic management, assist the labour inspectorates in their work when necessary;

RemovedArticle 4 – paragraph 4: 4. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date, without prejudice to Directive (EU) 2019/1152 that could apply before that date.

RemovedArticle 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(Paragraph 1 in the Commission text has become subparagraph 1 of paragraph 1 in Parliament’s amendment.)

RemovedArticle 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(Paragraph 2 in the Commission text has become subparagraph 2 of paragraph 1 in Parliament’s amendment.)

RemovedArticle 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(Paragraph 3 in the Commission text had become subparagraph 3 of paragraph 1 in Parliament’s amendment.)

RemovedArticle 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:

RemovedArticle 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;

RemovedArticle 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.

RemovedArticle 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:

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 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;

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

RemovedArticle 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;

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

RemovedArticle 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;

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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:

RemovedArticle 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;

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 6 – paragraph 2 – point a – point ii: (ii) the categories of data and actions monitored, supervised or evaluated by such systems, including evaluation by the recipient of the service;

RemovedArticle 6 – paragraph 2 – point a – point ii a (new): (iia) the aim of the monitoring and how the system is to achieve it;

RemovedArticle 6 – paragraph 2 – point a – point ii b (new): (iib) the functioning and mode of operation of features that affect the employment relationship, in particular recruitment, access to work assignments, earnings, health and safety, working time, promotion, ranking, and the restriction, suspension or termination of accounts;

RemovedArticle 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 decision-making, including the way in which the platform worker’s personal data or behaviour influence the decisions and any performance evaluation mechanisms;

RemovedArticle 6 – paragraph 2 – point b – point iv: (iv) the grounds for decisions to restrict, suspend or terminate 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, the grounds for promotion, for task allocation and, where decision-making is supported or based on monitoring and evaluating performance, how behaviour has been evaluated and the reasons for the evaluation.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 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;

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

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

RemovedArticle 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;

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

RemovedArticle 6 – paragraph 5 – subparagraph 1 a (new): The protection of personal data as referred to in this paragraph shall apply to all platform workers from the recruitment stages before the start of the employment relationship.

RemovedArticle 6 – paragraph 5 a (new): 5a. Digital labour platforms shall carry out a data protection impact assessment and shall seek the views of data subjects or their representatives on the intended processing. The assessment shall be carried out once, prior to the introduction of those processing operations and before any changes affecting working conditions, the organisation of work or monitoring work performance. The information contained in the impact assessment shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in order to allow platform workers and workers’ representatives to prepare, where necessary, for consultation.

RemovedArticle 6 – paragraph 5 b (new): 5b. Digital labour platforms shall inform platform workers and workers’ representatives about any transfer of personal data within a group of undertakings, or a group of undertakings engaged in a joint economic activity making use of automated monitoring systems.

RemovedArticle 6 – paragraph 5 c (new): 5c. Member States shall ensure that digital labour platforms provide platform workers with an interface and tools to facilitate effective, machine-readable data portability that is free of charge, including with regard to reputational data, the right to rectification, to erasure and to be forgotten, in accordance with Regulation (EU) 2016/679. Platform workers shall also have the right not to have those data transferred.

RemovedArticle 6 a (new): Article 6a / Confidential information / 1. Member States shall provide that, in the context of information and consultation processes and subject to the conditions and limits laid down by Union and national law and to objective criteria, representatives of persons performing platform work and any experts who assist them are not authorised to reveal any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. / This paragraph shall not apply to: / (a) communication between workers’ representatives and European, national or local works councils and the competent recognised trade union organisations on information that may affect the jobs or the working conditions of workers; / (b) information concerning elements that may affect the rights protected by this Directive. / 2. The digital labour platform shall specify to the workers’ representatives the objective criteria used to decide on the confidential nature of the information, as well as how long the confidentiality applies. Member States shall determine by law the list of such objective criteria and shall ensure that workers representatives have the possibility of reviewing the classification of a matter by means of an urgent administrative or judicial decision.

RemovedArticle 7 – title: Human oversight of automated systems

RemovedArticle 7 – paragraph -1 (new): -1. Member States shall ensure that digital labour platforms provide for human oversight of all decisions affecting working conditions.

RemovedArticle 7 – paragraph 1: 1. Member States shall ensure that digital labour platforms, with the involvement of workers’ representatives oversee and carry out an assessment, regularly and at least annually, of the impact of individual decisions taken or supported by automated monitoring and decision-making systems, as referred to in Article 6(1), on working conditions, health and safety and fundamental rights.

RemovedArticle 7 – paragraph 2 – subparagraph 1 – point a: (a) avoid the risks, or evaluate and combat the risks that cannot be avoided, of automated monitoring and decision-making systems to the safety and health of platform workers, including as regards possible risks of work-related accidents, psychosocial and ergonomic risks;

RemovedArticle 7 – paragraph 2 – subparagraph 1 – point a a (new): (aa) evaluate the risk of discrimination resulting from decisions taken by those systems, including in replicating gender, racial and other social biases in the selection and treatment of different groups;

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

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 7 – paragraph 3: 3. Member States shall require digital labour platforms to ensure sufficient human resources for effective oversight of the impact of individual decisions taken or supported by automated monitoring and decision-making systems in accordance with this Article. The persons charged by the digital labour platform with the function of carrying out the assessment referred to in this Article and of overseeing or reviewing decision-making taken or supported by automated monitoring or automated decision-making systems shall have the necessary competence, training and authority to exercise that function, including the possibility of intervening on and reverting those decisions. They shall enjoy protection from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions.

RemovedArticle 7 – paragraph 3 a (new): 3a. Where an impact assessment as referred to in paragraph 1 is found to be non-compliant with this Article, the relevant health and safety, data protection, labour and other competent authorities shall take coordinated measures to enforce those provisions.

RemovedArticle 8 – title: Human review of decisions significantly affecting working conditions

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.