The recent Directive (EU) 2024/2831, published in the Official Journal of the European Union on 11 November 2024, marks a significant advance in labour protection for those working on digital platforms.
This new regulation, which Member States must transpose into their national legislation by 2 December 2026, establishes minimum standards for labour rights, the processing of personal data and safety at work.
The directive introduces a legal presumption of an employment relationship between the platform and the person performing platform work when elements of direction and control by the platform are observed. This presumption places the burden of proof on the platform if it decides to challenge it. It also stresses that the protection of workers is not limited to those with a formal employment contract, but extends to those who, due to the circumstances of their activity, can be considered employees.
In terms of algorithmic management, the directive strengthens privacy and control over the processing of personal data. It sets out specific prohibitions on the use of sensitive data, such as those related to emotional state, private conversations and aspects of biometric identity, in automated decision-making processes. Platforms will also be required to provide detailed information on the use of these systems and to facilitate human intervention in critical decisions, such as the suspension or termination of accounts.
In the field of workplace safety, the directive requires platforms to assess the risks associated with automated systems and to implement preventive measures. It also establishes the creation of effective reporting channels to combat violence and harassment in the digital workplace. Consultation and participation of workers and their representatives becomes an essential requirement, especially to assess the impact of algorithmic decisions on working conditions.
To ensure proper oversight, the legislation imposes an obligation to declare platform work to the authorities of the Member State where the activity is carried out. This measure seeks to ensure compliance with labour regulations, especially when the platform is established in a country other than that of the worker’s operation. Information on the number of people active on the platform, their contractual conditions and other employment data must be updated every six months, or annually in the case of small businesses.
Finally, the directive strengthens protection against dismissal by prohibiting the termination of contracts or any punitive measures related to the exercise of the rights established by this regulation.
In short, Directive (EU) 2024/2831 sets out a firm course of action to ensure the dignity and rights of those who perform work on platforms, laying the foundations for a fairer and safer digital work environment throughout the European Union.
Scope and presumption of employment relationship
The Directive defines that its application covers all digital work platforms within the European Union, regardless of where they are established or the national law that applies. Its key points are highlighted below:
- Legal presumption of employment relationship: The legislation establishes a presumption of an employment relationship between the person who performs the work and the digital platform when conditions of direction and control are evident. This presumption is a step forward to protect workers who, despite not having a formal contract, perform functions similar to those of a traditional employee.
- Burden of proof: If the platform challenges this presumption, it bears the burden of proving that there is no employment relationship. This measure seeks to ensure legal certainty and a correct classification of workers.
Data protection and algorithmic management
The directive addresses growing concerns about the use of algorithmic systems in decision-making and the processing of personal data. These systems, which are common on digital platforms, must comply with standards of transparency and respect for privacy:
- Prohibition of processing sensitive data: The processing of sensitive information such as an employee’s emotional state, political opinions, sexual life, health status or trade union membership is prohibited. This prohibition also extends to any data from private conversations between employees or with their representatives.
- Limitation on the use of biometrics: The use of biometric data for personal identification is strictly regulated. Platforms may not compare biometric data with personal databases for decisions affecting employees.
- Transparency and mandatory reporting: Platforms must inform workers in a concise and accessible manner about the use of tracking systems and automated decisions that impact their working conditions. This notification must be provided before the start of the activity, prior to relevant changes and at any time upon request of the worker.
Impact assessment of automated systems
The directive introduces a scheme for regular monitoring and evaluation of automated systems used by platforms, with the aim of protecting labour rights and equality at work.
- Biennial evaluation: Platforms must carry out an assessment at least every two years of the effects of decisions supported by automated systems on working conditions, with the participation of worker representatives.
- Human intervention: The regulations require the intervention of a responsible person in automated decisions that directly affect the contractual or employment situation. This human intervention is fundamental in decisions related to suspension of employment, denial of remuneration or any change to the employment relationship.
Health and safety at work
The directive imposes health and safety obligations on platforms to prevent risks associated with the use of technology in the workplace.
- Occupational risk assessment: Platforms are required to assess the risks arising from the use of automated systems, including psychosocial, ergonomic and safety factors.
- Preventive measures: Requirements are established to implement preventive measures adapted to the identified risks, thus guaranteeing the physical and mental safety of workers.
- Reporting channels: Platforms must establish effective mechanisms to report violence or harassment, ensuring a safe working environment.
- Right to information and consultation
The directive reinforces the right of workers to be informed and consulted regarding the use of algorithmic management technologies that affect their working conditions.
- Consult with workers’ representatives: Platforms must provide detailed information in sufficient time to enable representatives to assess and comment on algorithmic decisions. If the platform employs more than 250 employees, it will cover the costs of experts required to support the consultation process.
- Direct information to workers: Where there is no union representation, the platform must provide information in a direct, written, understandable and accessible manner.
Obligation to declare work on platforms
To ensure compliance with labour regulations, platforms must inform the authorities of the Member State where the work is carried out.
- Activity log: Platforms must declare the number of workers, contractual conditions, hours worked and remuneration of those who regularly operate in their system.
- Update frequency: Information must be updated every six months for large platforms and annually for SMEs, thereby complying with transparency and monitoring standards of working conditions.
Prohibition of dismissal for exercising rights
Finally, the directive protects workers against dismissal or any form of retaliation for exercising the rights granted by this legislation. This protection includes measures to prevent dismissal or suspension of contract and the prohibition of any preparatory act in this regard.
Contact this professional office for any questions or clarifications you may have on this matter.
