Changes from report parliamentary committee draft to plenary report

RemovedArticle 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:

AddedArticle 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.

RemovedArticle 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;

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

RemovedArticle 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.

AddedArticle 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.

RemovedArticle 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.

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

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

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

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

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

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

AddedArticle 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 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;

AddedArticle 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 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;

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

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

RemovedArticle 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.

AddedArticle 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 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.

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

RemovedArticle 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.

AddedArticle 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 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.

AddedArticle 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 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:

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

AddedArticle 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 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;

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

AddedArticle 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 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;

AddedArticle 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.

Change 27

ChangedArticle 6 – paragraph 52 – point d a (new):– (da)point makeii: use(ii) the categories of biometricdata checksand actions monitored, supervised or constantevaluated videoby surveillancesuch systems, including evaluation by the recipient of workthe performance.service;

Change 28

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

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

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

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

AddedArticle 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;

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

Article 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.

Change 29

ChangedArticle 6 – paragraph 5 a (new): 5a. Digital labour platforms shall, priorshall tocarry theirout introduction,a carrydata outprotection animpact assessment ofand shall seek the impactviews of thedata envisagedsubjects processingor operationstheir representatives on the protectionintended ofprocessing. personalThe dataassessment ofshall platformbe workerscarried andout shallonce, seekprior to the viewsintroduction of datathose subjectsprocessing oroperations theirand representativesbefore onany changes affecting working conditions, the intendedorganisation processing.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.

Change 30

ChangedArticle 6 – paragraph 5 b (new): 5b. Digital labour platforms shall inform platform workers and workers’ representatives,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 or semi-automated monitoring systems.