Hermes Center Hacking for Human Rights’ Post

Glovo’s algorithmic management system was found to have misused workers’ personal data in ways that violated labour law, including monitoring workers’ movements outside of their work shifts, keeping hidden scores on workers, and sending detailed monitoring of their work to third parties outside the scope of their contracts One of the main arguments brought forward by trade unions is that workers should not be profiled based on personal behavior: the tool must work in the same way for everyone. For Glovo, it is not the case, considering also the presence of a hidden ranking mechanism, and two previously undisclosed third-party companies, being aware of every action of the worker, of consumers buying the goods, and somehow mapping the neighborhood, the restaurant, the product https://lnkd.in/eJNUZwZe

🚨 BREAKING ON PLATFORM WORK🚨 The EU Council has officially given its final approval to the EU Platform Work Directive! This marks the last step before the Directive enters into force, offering platform workers a rebuttable presumption of employment and ensuring meaningful information and consultation rights on algorithmic management tools for unions and worker representatives. Importantly, much of the Directive's protection also extends to self-employed platform workers. If you're unfamiliar with EU Directives and how they operate, I’ve written a summary of the new Platform Work Directive for an international audience, which you can read here: https://lnkd.in/dJVcqBRn. For a deeper dive into the Directive’s implications, Antonio Aloisi and I discussed its potential to reshape platform worker rights in Europe in this piece: https://lnkd.in/dmgdmtXi This is a pivotal moment for platform work across Europe, and it’s just the beginning of much-needed reform to protect workers in the gig economy. #PlatformWork #GigEconomy #WorkersRights #EUdirective #FutureOfWork

EU Sets New Standards for Digital Platform Workers The European Union has reached a provisional agreement on new regulations for digital platform workers, marking a significant step towards better working conditions and algorithmic transparency. Initiated by the European Commission in December 2021, these rules target workers on platforms like Uber, Deliveroo, and Glovo, who, while often classified as self-employed, will now enjoy greater transparency and control over the use of algorithms in personnel management. This legislation, the first in the EU to regulate algorithmic governance in the workplace, aims to protect over 28 million platform workers across the EU by establishing minimum standards of protection and ensuring the right to challenge automated decisions. The agreement includes a legal presumption to help determine the employment status of digital platform workers, a measure expected to provide clarity and security for millions. Despite some opposition and abstentions from countries like Germany, France, Greece, and Estonia during the voting process, the compromise reflects a strong pro-worker stance, enhancing algorithmic transparency and setting penalties for non-compliance. Once the agreement text is finalized and adopted by both the European Parliament and the Council, member states will have two years to implement the directive into national law. This legislative move represents a balance between respecting national labor laws and setting EU-wide standards to safeguard digital platform workers.

Last week the European Parliament approved a refined version of the long-anticipated Platform Work Directive! 🎉 💡 Initially proposed by the European Commission in February 2022, the PW Directive aims to improve working conditions for almost 40 mln platform workers in the #gigeconomy and #sharingeconomy. It also regulates, for the first time ever in the EU (❗), the use of #algorithms in the workplace created by #digitalplatforms such as Uber, Deliveroo, and Lyft. ⏳ After 2 years of cumbersome legislative processes, the directive passed with 554 votes in favour and 56 votes against. Its original (and widely criticised) version aimed to introduce an automatic presumption of employment, facing backlash for potentially limiting platform workers' flexibility. The approved version obliges member states to establish a rebuttable legal presumption of employment at the national level, aiming to correct the #powerimbalance between platforms and their workers. What will change? 🔹 The Directive introduces a presumption of an #employment relationship to correct false #selfemployment. The burden of proof lies with the platform, meaning that it is up to the platform to prove that there is no employment relationship. 🔹 Platform workers cannot be fired or dismissed based on a decision taken by an algorithm or an automated decision-making system. 🔹 Platforms will be forbidden from processing certain types of #personaldata, including data on someone’s emotional or psychological state and personal beliefs. 📅 Next steps The agreed text will now have to be formally adopted by the Council of the European Union. After its publication in the Official Journal of the EU, member states will have 2 years to implement the directive into their national legislation. I’m keen to see whether the PW Directive will trigger a broader consideration of how platforms structure their labour force globally. 🌐 #platformworkers #digitalplatforms #sharingeconomy #gigeconomy #algorithms #labourlaw #EUlaw

Platform working now has its own European set of rules After more than 2 years of negotiations among EU officials, the final text of the new EU platform work directive has been agreed and approved by the European Parliament. This is the first piece of legislation in the world designed to address issues associated with platform work, a very hot trend the importance of which is growing rapidly. There are over 28 million platform workers in the EU, and their legal status has been unclear. The new EU directive is meant to clarify this. According to the EU’s definition “platform work is a form of employment in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services in exchange for payment”. To bring this closer to readers: think Uber and Foodora as examples. Most EU platform workers are formally self-employed. Still, they are required by the digital platform employing them to abide by corporate standards, as if they were employees. EU legislators concluded, platform workers should also have certain labour and social protection rights, just like “ordinary” employees. The freshly adopted EU directive makes platform workers employees by default. If the platform employing them thinks otherwise, it is the platform that will need to prove that its platform worker is truly self-employed. The digital platforms will not be able to process certain kinds of personal data according to the directive, such as private conversations, potential trade union activity, etc.  Ensuring human oversight on important decisions that directly affect platform workers will be also essential.   And these are just a couple of issues addressed in the EU directive and designed to protect platform workers. The platform work EU directive was passed on 24 April 2024, and EU member states have 2 years to implement locally. For further information about this topic, please contact our experts, Nándor Beck (beckn@vjt-partners.com) and András Lovretity (lovretitya@vjt-partners.com). #platforms #EU #platformwork #directive #VJTandPartners

🛑❗️PUBLICATION ALERT🛑❗️ In today’s edition of ‘pleased to announce’…. my latest article ‘Algorithmic management of platform workers: An examination of the Canadian and European approaches to Regulation’ has been published in the European Labour Law Journal. It compares and contrasts the recently adopted EU Plaform Work Directive with Ontario’s Digital Platform Workers Rights Act 2022. Algorithmic management in simple terms refers to a management system where workers are evaluated, tracked and managed through algorithms as opposed to human managers. Digital platform like Uber, Lyft and Doordash use this method to exercise indirect control over platform users. Like any other management system, it has its pros and cons. Research on its specific impact on platform users is still evolving but there is enough to suggest that some form of regulation is needed, particularly to protect the most vulnerable users from exploitation. Regulators in the EU and Canada have taken steps in this regard. The goals of regulation are for the most part similar, but their methods are slightly different. The EU approach in my view is more comprehensive and generalist than Ontario’s approach which is more subject-specific. #platformwork #Uber #Lyft #Doordash #legislation #EU #Canada

The Ontario government recently proclaimed the Digital Platform Workers' Rights Act, 2022 ("DPWRA"), a groundbreaking piece of legislation that establishes key protections for gig economy workers. Set to take effect on July 1, 2025, DPWRA ensures that digital platform workers—such as those working for Uber, DoorDash, and Instacart—are entitled to the same minimum wage as employees under the Employment Standards Act, 2000, marking a significant shift in the treatment of contractors. Under the DPWRA, operators must provide greater transparency regarding pay calculations, regular pay periods, and the factors that determine job assignments. In addition, workers are guaranteed job security protections, including written explanations before being removed from a platform and the right to resolve work-related disputes in Ontario. This landmark legislation addresses the vulnerabilities of gig workers, offering them more control over their working conditions and wages. To learn more about the DPWRA, visit: https://lnkd.in/gX7zNiFK

📢 **Adoption of the Platform Workers Directive** During the last plenary session of the legislature, Members of the European Parliament approved the European Directive on Platform Workers. This directive aims to ensure the correct classification of the employment status of platform workers and regulate the use of algorithms in the workplace. 👩💼 **Professional Status**: The directive introduces a presumption of employment relationship to correct false self-employment. Member States must establish a rebuttable legal presumption of employment, with the burden of proof resting on the platform. 🤖 **Algorithmic Management**: The new rules prohibit dismissal based on algorithmic decision-making. Platforms must ensure human oversight over significant decisions. 🔒 **Transparency and Data Protection**: The directive strengthens the data protection of platform workers by prohibiting the processing of certain types of personal data. 📅 **Next Steps**: The text must be formally adopted by the Council and published in the Official Journal of the EU. Member States will then have two years to transpose the directive into their national legislation. To read the full directive, follow the link below. 🔗 [Platform Workers Directive](https://lnkd.in/e-g_yC-X) #Digital #PlatformWorkers #EuropeanDirective 🇪🇺📝

𝐓𝐡𝐞 𝐏𝐥𝐚𝐭𝐟𝐨𝐫𝐦 𝐖𝐨𝐫𝐤 𝐃𝐢𝐫𝐞𝐜𝐭𝐢𝐯𝐞 𝐰𝐢𝐥𝐥 𝐚𝐫𝐫𝐢𝐯𝐞 𝐚𝐟𝐭𝐞𝐫 𝐚𝐥𝐥! In recent years, platforms have developed rapidly. The workers who provide these services (such as delivery drivers and chauffeurs) are often wrongfully self-employed. In several EU countries, false self-employment is seen as a problem that needs to be addressed. Therefore, an agreement was recently reached on a Platform Work Directive. The aim of this directive is to improve working conditions in platform work and to counter false self-employment. Please refer to our article for the main takeaways from the agreement. https://lnkd.in/gtHP2w-7

🆕 It's official: the #𝐃𝐢𝐫𝐞𝐜𝐭𝐢𝐯𝐞 (𝐄𝐔) 𝟐𝟎𝟐𝟒/𝟐𝟖𝟑𝟏 of the #EuropeanParliament and of the #Council on improving working conditions in #platform #work 𝐡𝐚𝐬 𝐛𝐞𝐞𝐧 𝐩𝐮𝐛𝐥𝐢𝐬𝐡𝐞𝐝 𝐨𝐧 𝟏𝟏 𝐍𝐨𝐯 𝟐𝟎𝟐𝟒 in the Official Journal of the #EU. Member-States have to transpose the #Directive into national law 𝐛𝐲 𝟐 𝐃𝐞𝐜 𝟐𝟎𝟐𝟔. The much-anticipated 𝐏𝐥𝐚𝐭𝐟𝐨𝐫𝐦 𝐖𝐨𝐫𝐤 𝐃𝐢𝐫𝐞𝐜𝐭𝐢𝐯𝐞 (#𝐏𝐖𝐃) sets 𝐦𝐢𝐧𝐢𝐦𝐮𝐦 𝐫𝐢𝐠𝐡𝐭𝐬 𝐟𝐨𝐫 𝐩𝐥𝐚𝐭𝐟𝐨𝐫𝐦 𝐰𝐨𝐫𝐤𝐞𝐫𝐬 with an #employment contract or #employment relationship with digital labour platforms (#DLP) (e.g., health and safety at #work, information and consultation) with a view to improving their working conditions and protecting their #personal #data. 𝐑𝐮𝐥𝐞𝐬 𝐨𝐧 𝐚𝐥𝐠𝐨𝐫𝐢𝐭𝐡𝐦𝐢𝐜 𝐦𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭 aiming at protecting the process of personal data (i.e., transparency with regard to #automated #monitoring and #automated #decision-making systems, restrictions to process or collect personal data, human monitoring and review of significant decisions) apply to 𝐩𝐞𝐫𝐬𝐨𝐧𝐬 𝐩𝐞𝐫𝐟𝐨𝐫𝐦𝐢𝐧𝐠 𝐩𝐥𝐚𝐭𝐟𝐨𝐫𝐦 𝐰𝐨𝐫𝐤 in the #Union, 𝐫𝐞𝐠𝐚𝐫𝐝𝐥𝐞𝐬𝐬 𝐨𝐟 𝐧𝐚𝐭𝐮𝐫𝐞, 𝐭𝐲𝐩𝐞, 𝐚𝐧𝐝 𝐝𝐮𝐫𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐜𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐮𝐚𝐥 𝐫𝐞𝐥𝐚𝐭𝐢𝐨𝐧𝐬𝐡𝐢𝐩 (𝐢.𝐞., 𝐢𝐧𝐜𝐥. 𝐬𝐞𝐥𝐟-𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐝 𝐰𝐨𝐫𝐤𝐞𝐫𝐬). To new rulings positively highlight the enhanced role of social partners in implementing the key objectives and rights outlined in the #PWD, particularly those related to #algorithmicmanagement. The European legislator's intention to pressure Member-States into regulating #platform #work is evident; it will be interesting to observe how national legislations will address this.. 🔗 https://lnkd.in/djfBdMpy 👇 A compact overview of the PWD attached!