Changes from report parliamentary committee draft to plenary report

AddedCandidates undergoing a recruitment procedure should receive relevant information on automated decision-making systems used during the recruitment procedure at the time they apply for a vacancy. Workers should be provided with tools for the effective exercise of their data access rights and of their portability rights.

RemovedMember States shall ensure that the information referred to in paragraph 1 is provided in formats accessible to people with disabilities.

AddedRecommendation 4

Removed5. The provision of information pursuant to this Article shall be limited to what is strictly necessary for the worker or solo self-employed person to carry out their work, to understand how algorithmic systems influence decisions affecting them, and to exercise their rights.

RemovedArticle 4

Consultation

Change 26

Changed1. MemberThe Statesproposal shallshould ensure that the deployment and use of new systems of algorithmic management, or such updates to existing systems, which directly affect workers' remuneration, evaluation, working arrangements, task allocation or working time, are deemed to be decisions likely to lead to substantial changes in work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC.2002/14/EC, without prejudice to Directive 2009/38/EC.

Change 27

Removed2. Such consultation shall include:

AddedSuch consultation should be carried out with regard to:

Change 28

Changed(a) the objectives behindof the deployment or update andupdate, the work processes and the workers affected;

Change 29

Changed(b) changes inthe workload, work intensity, scheduling, working time, flexibility, orrenumeration, job content;content, performance evaluation or contractual relations;

Change 30

Changed(c) the effects on occupational health and safety;

Change 31

Changed(d) the types of data collected;

Change 32

Changed(e) the measures in place to detectprevent, anddetect, mitigate and correct bias or discriminatory outcome;outcomes;

Change 33

Changed(f) human oversight and review mechanisms;

Change 34

Changed(g) training and support measuresmeasures, including the assistance of experts, for the workers affected and solothe self-employedmanagers personsdeploying affected.and using such systems.

Change 35

ChangedArticleRecommendation 5

Prohibited practices

Change 36

Removed1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:

AddedThe proposal should prohibit the collecting, storing, monitoring, sale or any other processing of:

Change 37

Changed(a) theemotional, emotionalpsychological or psychologicalneurological statestates, ofcognitive workersactivity or solobiometric self-employeddata persons;of the workers;

Change 38

Removed(b) neurosurveillance;

Added(b) private communications, including exchanges with other workers and workers’ representatives, except where such processing is lawful in accordance with Article 6(1), point (c) or (d) of the General Data Protection Regulation;

Removed(c) private conversations;

Added(c) data of workers while off-duty, not offering or performing work or in private spaces, real-time geolocation tracking outside working hours or beyond what is strictly necessary for the execution of tasks;

Removed(d) the behaviour of workers or solo self-employed persons while off-duty or in private rooms;

Added(d) data for the prediction of the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation;

Removed(e) the prediction of the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter of Fundamental Rights of the European Union;

Added(e) special categories of personal data in accordance with Article 9(1) of the General Data Protection Regulation as well as inferences about such categories.

Removed(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.

AddedThose prohibited practices should also apply throughout the recruitment procedure.

Removed2. Nothing in this Directive shall be interpreted as permitting practices that are otherwise prohibited under the Regulation (EU) 2016/679 or Regulation (EU) 2024/1689 of the European Parliament and of the Council.

AddedRecommendation 6

RemovedArticle 6

Human oversight and review

Change 39

Changed1. MemberThe Statesproposal shallshould ensure thatcontinuous, employersmeaningful and procurer of services maintain effective human oversight at all times over all algorithmicdecisions managementtaken systemsor deployedsupported inby thealgorithmic workplace.management Membersystems. StatesIt shallshould also ensure that employers and procurer of services designate,designate and inform workers, solo self-employed persons,workers and their representatives,representatives thereof,about the entityentities responsible for the monitoring of the functioning and impact of such systems, includingsystems theand compliancefor ofreviewing suchtheir systemsdecisions. withThe thepersons applicableresponsible legal,for healthoversight and safetyevaluation should have the competence, training and ethicalauthority standards,necessary asto wellexercise asthose forfunctions, reviewingincluding theirthe authority to override automated decisions.

Change 40

Changed2. MemberThe Statesproposal shallshould ensure that workers and solo self-employed persons, upon request, have the right to obtain from the employeremployer, orin thereasonable procurertime, ofa servicesmeaningful ,and ancomprehensible oral or written explanation regarding any decision affectingtaken or substantially supported by algorithmic management that affects the essential aspects of their employment or contractual relationship,employment, including the allocation of tasks, the evaluation of performance, working time scheduling, remuneration, and disciplinary measures, where any decision relating to such matters has been taken or has been substantially influenced by an algorithmic system. If the worker perceives his or her rights to be infringed by the decisions taken or substantially supported by algorithmic management systems, he or she should have the right to ask for review of that decision.

Change 41

RemovedThe explanation referred to in paragraph 1 shall be provided within a reasonable time and in a format that is accessible and comprehensible to the worker or solo self-employed person concerned.

AddedWhere, as a result of human review, an individual decision taken or supported by algorithmic management is found to have infringed the rights of a worker, the employer should take the steps necessary, including, if appropriate, the modification of the algorithmic management system or the discontinuation of its use, and adequate compensation for the damage sustained.

Change 42

Changed3. Member States shall ensure that decisionsDecisions concerning the initiation or termination of an employment or contractual relationship,employment, the renewal or non-renewal of a contractual agreement, andor any changes in remuneration are notor takendisciplinary solelyaction onshould thealways basisbe oftaken algorithmicby management.a Suchhuman decisionsbeing shalland alsoshould be subject to review and final determination by a human supervisor.review.

Change 43

Changed4. MemberThe Statesproposal shallshould ensure that the representatives of workers and of soloor self-employedtheir personsrepresentatives may request the employer or procurer of services to trigger a review of the functioning of the algorithmic management systems in place where there is a justified concern that such systems exhibit systemic biasesbiases, discrimination or faultsfaults, or pose a threat to the mental or physical well-being of workers or solo self-employed persons or to health and safety at the workplace.

Change 44

ChangedArticleRecommendation 7

Occupational health and safety

Change 45

Removed1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that the employers:

AddedThe proposal should ensure that employers integrate, in cooperation with workers’ representatives, the evaluation of the risks of algorithmic management systems into their safety and health systems, as regards possible risks of work-related accidents, psychosocial and ergonomic risks as well as undue pressure put on workers.

Removed(a) evaluate the risks of algorithmic management system to their safety and health, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks as well as undue pressure put on workers;

AddedEmployers should use algorithmic management systems in a manner that respects workers’ wellbeing and does not put at risk their safety or their physical and mental health. They should take mitigating actions where appropriate.

Removed(b) assess whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment;

AddedRecommendation 8

Removed(c) introduce appropriate preventive and protective measures.

RemovedArticle 8

Responsibilities of competent national authorities

Change 46

Changed1. Member StatesThe shallproposal taskshould theirensure respectivethat labour inspectorates withor overseeingother national competent authorities such as equality bodies, where appropriate, oversee the safesafe, transparent and non-discriminatory use of algorithmic management systems in the workplace.

Change 47

Removed2. The labour inspectorates shall be tasked with monitoring, controlling and assessing:

AddedLabour inspectorates should be tasked with monitoring, controlling and assessing the safety of algorithmic systems used in employment contexts, in particular with regard to the impact of those systems on the physical and mental health of workers and the fundamental rights of those workers.

Removed(a) the safety of algorithmic systems used in employment contexts, in particular with regard to their impact on the physical and mental health of workers;

AddedLabour inspectorates should be provided with adequate resources, powers, technical expertise and appropriate training to effectively carry out their functions without duplicating existing controls or compliance mechanisms under national law. Upon request, they should have access to information on the use of algorithmic management in the workplaces.

Removed(b) the absence of bias and discrimination in the design, deployment or functioning of such systems;

AddedMember States should ensure tailored guidance and dedicated support mechanisms to assist SMEs in understanding and effectively implementing any obligations related to automated monitoring and automated decision-making systems.

Removed(c) the impact of algorithmic management systems on working time and performance pressure put on workers;