Council of theEuropean Union
Brussels, 16 June 2023
(OR. en)10758/23
Interinstitutional File:
2021/0414(COD)
SOC 456
EMPL 315
MI 535DATAPROTECT 179
CODEC 1151
COVER NOTE
From:
To:

General Secretariat of the Council
Delegations

Subject:

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on improving working conditions in platform work

Delegations will find attached the table, which will be subject of the trilogue scheduled for 11 July
2023. Delegations are informed that the incoming Spanish Presidency intends to have on 4 July ameeting of the Social Questions Working Party for examining the EP mandate. Further guidance
will follow in good time.

10758/23

RS/mk
LIFE.4EN

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving
working conditions in platform work (Text with EEA relevance)
2021/0414(COD)[Version for Trilogue on 11 July, 2023]
15-06-2023 at 17h52
Commission Proposal

EP Mandate

Council Mandate

FormulaG1

2021/0414 (COD)

2021/0414 (COD)

2021/0414 (COD)G

Proposal for a
DIRECTIVE OF THE EUROPEANPARLIAMENT AND OF THE COUNCIL
on improving working conditions in platformwork(Text with EEA relevance)

Proposal for a
DIRECTIVE OF THE EUROPEANPARLIAMENT AND OF THE COUNCIL
on improving working conditions in platformwork(Text with EEA relevance)

Proposal for a
DIRECTIVE OF THE EUROPEANPARLIAMENT AND OF THE COUNCIL
on improving working conditions in platformwork(Text with EEA relevance)G

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,G

Having regard to the Treaty on the Functioning of
the European Union, and in particular Article 153(2), point (b), in conjunction with Article 153 (1),point (b), and Article 16(2) thereof,

Having regard to the Treaty on the Functioning of
the European Union, and in particular Article 153(2), point (b), in conjunction with Article 153 (1),point (b), and Article 16(2) thereof,

Having regard to the Treaty on the Functioning of
the European Union, and in particular Article 153(2), point (b), in conjunction with Article 153 (1),point (b), and Article 16(2) thereof,

G

Proposal Title

G

2

FormulaG

3
Citation 1

G

4

Citation 2
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G

5Commission Proposal

EP Mandate

Council Mandate

Having regard to the proposal from the European
Commission,

Having regard to the proposal from the European
Commission,

Having regard to the proposal from the European
Commission,

G

After transmission of the draft legislative act tothe national parliaments,

After transmission of the draft legislative act tothe national parliaments,

After transmission of the draft legislative act tothe national parliaments,

G

Having regard to the opinion of the European
Economic and Social Committee1,_________

Having regard to the opinion of the European
Economic and Social Committee1,_________

Having regard to the opinion of the European
Economic and Social Committee1,_________

1. OJ C , , p.

1. OJ C , , p.

1. OJ C , , p.

Having regard to the opinion of the Committee of
the Regions1,_________

Having regard to the opinion of the Committee of
the Regions1,_________

Having regard to the opinion of the Committee of
the Regions1,_________

1. OJ C , , p. .

1. OJ C , , p. .

1. OJ C , , p. .

Acting in accordance with the ordinary legislative
procedure,

Acting in accordance with the ordinary legislative
procedure,

Acting in accordance with the ordinary legislative
procedure,

G

Whereas:

Whereas:

Whereas:G

Citation 3G

6
Citation 4

G

7

G

Citation 5

G

8

G

Citation 6G

9FormulaG

10
Recital 1

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11Commission Proposal

EP Mandate

Council Mandate(1) Pursuant to Article 3 of the Treaty on
European Union, the objectives of the Union are,amongst others, to promote the well-being of its
peoples and to work for the sustainable
development of Europe based on a highly
competitive social market economy, aiming at full
employment and social progress.

(1) Pursuant to Article 3 of the Treaty on
European Union, the objectives of the Union are,amongst others, to promote the well-being of its
peoples and to work for the sustainable
development of Europe based on a balanced
economic growth and a highly competitive social
market economy, aiming at full employment andsocial progress.

(1) Pursuant to Article 3 of the Treaty on
European Union, the objectives of the Union are,amongst others, to promote the well-being of its
peoples and to work for the sustainable
development of Europe based on a highly
competitive social market economy, aiming at full
employment and social progress.

(2) This Directive respects fundamental rights
and observes the principles recognised inparticular by the Charter of Fundamental Rightsof the European Union (‘the Charter’). In
particular, Article 31 of the Charter provides forthe right of every worker to working conditions
which respect his or her health, safety and dignity.
Article 27 of the Charter protects the workers’
right to information and consultation within theundertaking. Article 8 of the Charter provides thateveryone has the right to the protection of
personal data concerning him or her. Article 16 of
the Charter recognises the freedom to conduct abusiness.

(2) This Directive respects fundamental rights
and observes the principles recognised inparticular by the Charter of Fundamental Rightsof the European Union (‘the Charter’). In
particular, Article 31 of the Charter provides forthe right of every worker to fair and just working
conditions which respect his or her health, safetyand dignity. Article 27 of the Charter protects theworkers’ right to information and consultation
within the undertaking. Article 8 of the Charter
provides that everyone has the right to theprotection of personal data as well as access todata which has been collected concerning him or
her and the right to have it rectified. Article 12 of
the Charter provides that everyone has the rightto freedom of assembly and of association at alllevels. Article 15 of the Charter recognises thateveryone has the right to engage in work and to
pursue a freely chosen or accepted occupation as
well as to provide services. Article 16 of theCharter recognises the freedom to conduct abusiness. Article 21 of the Charter provides forthe right to non-discrimination.

(2) This Directive respects fundamental rights
and observes the principles recognised inparticular byArticle 31 of the Charter ofFundamental Rights of the European Union (‘theCharter’). In particular, Article 31 of the Charter
provides for the right of every worker to working
conditions which respect his or her health, safetyand dignity. Article 27 of the Charter protects theworkers’ right to information and consultation
within the undertaking. Article 8 of the Charter
provides that everyone has the right to theprotection of personal data concerning him or her.
Article 16 of the Charter recognises the freedom
to conduct a business.

Recital 2

12

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Commission Proposal

EP Mandate

Council Mandate(3) Principle No 5 of the European Pillar ofSocial Rights, proclaimed at Gothenburg on 17
November 20171, provides that, regardless of thetype and duration of the employment relationship,
workers have the right to fair and equal treatment
regarding working conditions, access to social
protection and training; that, in accordance withlegislation and collective agreements, thenecessary flexibility for employers to adapt
swiftly to changes in the economic context is to
be ensured; and that innovative forms of workthat ensure quality working conditions are to befostered, that entrepreneurship and selfemployment are to be encouraged and thatoccupational mobility is to be facilitated. The
Porto Social Summit of May 2021 welcomed theAction Plan accompanying the Social Pillar2 as
guidance for its implementation.
_________(3) Principle No 5 of the European Pillar ofSocial Rights (the ‘Pillar’), proclaimed at
Gothenburg on 17 November 20171, provides
that, regardless of the type and duration of theemployment relationship, workers have the rightto fair and equal treatment regarding working
conditions, access to social protection andtraining; and that, in accordance with legislationand collective agreements, the necessary
flexibility for employers to adapt swiftly tochanges in the economic context innovative formsof work that ensure quality working conditions
are to be fostered, that entrepreneurship andself-employment are to be encouraged and thatoccupational mobility is to be ensured; and that
innovative forms of work that ensure quality
working conditions are to be fostered, that
entrepreneurship and self-employmentfacilitated,thus reaffirming the right under Article 15 of theCharter, and that employment relationships thatlead to precarious working conditions are to be
encouraged and that occupational mobility is tobe facilitatedprevented, including by prohibiting
the abuse of atypical contracts. The Porto Social
Summit of May 2021 welcomed the Action Plan
accompanying the Social Pillar2 as guidance for
its implementation.
_________(3) Principle No 5 of the European Pillar ofSocial Rights, proclaimed at Gothenburg on 17
November 20171, provides that, regardless of thetype and duration of the employment relationship,
workers have the right to fair and equal treatment
regarding working conditions, access to social
protection and training; that, in accordance withlegislation and collective agreements, thenecessary flexibility for employers to adapt
swiftly to changes in the economic context is to
be ensured; and that innovative forms of workthat ensure quality working conditions are to befostered, that entrepreneurship and selfemployment are to be encouraged and thatoccupational mobility is to be facilitated; and that
employment relationships that lead to precarious
working conditions are to be prevented,
including by prohibiting abuse of atypicalcontracts. The Porto Social Summit of May 2021
welcomed the Action Plan accompanying theSocial Pillar2 as guidance for its implementation..
_________

Recital 3

13

1. Interinstitutional Proclamation on the European Pillar ofSocial Rights (OJ C 428, 13.12.2017, p. 10).
2. Communication from the Commission to the European
Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions, ‘The
European Pillar of Social Rights Action Plan’, COM(2021)
102 final, 4.3.2021.

1. Interinstitutional Proclamation on the European Pillar ofSocial Rights (OJ C 428, 13.12.2017, p. 10).
2. Communication from the Commission to the European
Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions, ‘The
European Pillar of Social Rights Action Plan’, COM(2021)
102 final, 4.3.2021.

1. Interinstitutional Proclamation on the European Pillar ofSocial Rights (OJ C 428, 13.12.2017, p. 10).
2. Communication from the Commission to the European
Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions, ‘The
European Pillar of Social Rights Action Plan’, COM(2021)
102 final, 4.3.2021.

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Commission Proposal

EP Mandate

Council Mandate(3a) Principle No 7 of the Pillar provides thatworkers have the right to be informed in writingat the start of employment about their rights andobligations resulting from the employment
relationship, that prior to any dismissal, workers
have the right to be informed of the reasons andbe granted a reasonable period of notice and theright to access to effective and impartial dispute
resolution and, in the case of unjustified
dismissal, a right to redress, including adequate
compensation. Principle No 10 of the Pillar
provides that workers have the right to a highlevel of protection of their health and safety atwork and the right to have their personal dataprotected in the employment context. Principle
No 12 of the Pillar provides that regardless ofthe type and duration of their employment
relationship, workers, and, under comparable
conditions, the self-employed, have the right toadequate social protection.

13a

Recital 4

14(4) Digitalisation is changing the world of work,
improving productivity and enhancing flexibility,
while also carrying some risks for employment
and working conditions. Algorithm-based
technologies, including automated monitoring anddecision-making systems, have enabled theemergence and growth of digital labour platforms.

(4) Digitalisation is changing the world of work,
improving productivity and enhancing flexibility.
Innovation in digital tools can contribute to
growth in times of crisis and recovery. New
forms of digital interaction and newtechnologies in the world of work, including thetrend towards remote working in many sectors, ifwell-regulated and implemented, could create
opportunities for access to decent and quality
jobs for people who traditionally lacked suchaccess, including persons with disabilities.
However, digitalisation also poses, while also
carrying some risks for employment and working(4) Digitalisation is changing the world of work,
improving productivity and enhancing flexibility,
while also carrying some risks for employment
and working conditions. Algorithm-based
technologies, including automated monitoring
andor decision-making systems, have enabled theemergence and growth of digital labour platforms.

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EP Mandate

Council Mandate

conditions, for the health and safety of workers
and for the protection of their fundamental
rights, including the right to privacy, as well as
for the effective implementation of applicablenational labour and tax law thereby also putting
the solidarity based social protection system forcurrent and future generations under pressure.
Algorithm-based technologies, including
automated monitoring and decision-making
systems, have enabled the emergence and growthof digital labour platforms but can produce power
imbalances and opacity about decision-making,as well as technology-enabled surveillance
which could exacerbate discriminatory practices
and entail risks for privacy, workers' health andsafety and human dignity and may lead toadverse consequences for working conditions
and the exploitation of workers.
Recital 5

15(5) Platform work is performed by individuals
through the digital infrastructure of digital labour
platforms that provide a service to theircustomers. By means of the algorithms, the digitallabour platforms may control, to a lesser orgreater extent – depending on their businessmodel – the performance of the work, its
remuneration and the relationship between theircustomers and the persons performing the work.
Platform work can be performed exclusively
online through electronic tools (‘online platform
work’) or in a hybrid way combining an online
communication process with a subsequent activity
in the physical world (‘on-location platform
work’). Many of the existing digital labour
platforms are international business actors(5) Platform work is performed by individuals
through the digital infrastructure of digital labour
platforms that provide a service to theircustomers. It is provided, at least in part, at a
distance through electronic means, such as a
website or a mobile application, which can evenbe invisible to the client because it is integrated
into the website used by the recipient of theservice. It occurs in a wide variety of fields andis characterised by a high level of heterogeneity
in the types of digital labour platform, thesectors covered and activities carried out as wellas in the profiles of individuals performing
platform work. By means of the algorithms andartificial intelligence, the digital labour platforms
supervise, monitor and evaluate may control, to a(5) Platform work is performed by individuals
through the digital infrastructure of digital labour
platforms that provide a service to theircustomers. By means of the algorithms, the digitallabour platforms may control, to a lesser orgreater extent – depending on their businessmodel – the performance of the work, its
remuneration and the relationship between theircustomers and the persons performing the work.
Platform work can be performed exclusively
online through electronic tools (‘online platform
work’) or in a hybrid way combining an online
communication process with a subsequent activity
in the physical world (‘on-location platform
work’). Many of the existing digital labour
platforms are international business actors

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Commission Proposal
deploying their activities and business models inseveral Member States or across borders.

EP Mandate

Council Mandate

lesser or greater extent – depending on theirdeploying their activities and business models inbusiness model – the performance of the work, its several Member States or across borders.
remuneration and the relationship between theircustomers and the persons performing the work as
well as the persons themselves while performing
work and, in some cases, also outside theirworking time, in breach of Regulation (EU)2016/679 of the European Parliament and of theCouncil1 and national data protection law.
Traditional regulated liberal professions are inprinciple free from supervision, direction andcontrol from any other undertaking. Platformwork is mostly can be performed exclusively
online through electronic tools (‘online platform
work’) or in a hybrid way combining an online
communication process with a subsequent activity
in the physical world (‘on-location platform
work’). Many of the existing digital labour
platforms are international business actors
deploying their activities and business models inseveral Member States or across borders.
_________
1. Regulation (EU) 2016/679 of the European Parliamentand of the Council of 27 April 2016 on the protection ofnatural persons with regard to the processing of personal
data and on the free movement of such data, and repealing
Directive 95/46/EC (General Data Protection Regulation)(OJ L 119, 4.5.2016, p. 1).

Recital 6

16(6) Platform work can provide opportunities foraccessing the labour market more easily, gaining
additional income through a secondary activity or
enjoying some flexibility in the organisation ofworking time. At the same time, platform work
brings challenges, as it can blur the boundaries
between employment relationship and self-(6) Platform work can provide opportunities for
employment and for accessing the labour market
more easily, especially for vulnerable groups,
gaining additional income through a secondary
activity or enjoying some flexibility in theorganisation of working time. Most persons
performing platform work have another job or(6) Platform work can provide opportunities foraccessing the labour market more easily, gaining
additional income through a secondary activity or
enjoying some flexibility in the organisation ofworking time. At the same time, platform work
brings challenges, as it is rapidly evolving,
resulting in new business models and forms of

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Commission Proposal

EP Mandate

Council Mandate

employed activity, and the responsibilities of
employers and workers. Misclassification of theemployment status has consequences for the
persons affected, as it is likely to restrict access toexisting labour and social rights. It also leads toan uneven playing field with respect to businesses
that classify their workers correctly, and it has
implications for Member States’ industrial
relations systems, their tax base and the coverageand sustainability of their social protection
systems. While such challenges are broader thanplatform work, they are particularly acute andpressing in the platform economy.

another source of income and tend to be low
paid1. Particular attention should be given to
young people by ensuring that they enjoy thehighest level of social protection when
performing platform work. At the same time,
platform work brings challenges, as it can resultin the unpredictability of working hours andblur the boundaries between employment
relationship and self-employed activity, and the
responsibilities of employers and workers.
Misclassification of the employment status hasconsequences for the persons affected, as it islikely to restrict access to existing labour andsocial rights. It can also lead to labour
exploitation, unfair competition, in particularaffecting SMEs, and also leads to an unevenplaying field with respect to businesses thatclassify their workers correctly, and it has
implications for Member States’ industrial
relations systems, their tax base and the coverageand sustainability of their social protection
systems. While such challenges are broader thanplatform work, they are particularly acute andpressing in the platform economy.
_________

employment that sometimes escape the existing
paradigms. Such novelties are exemplified in thefield of Union competition law, where theCommission has adopted Guidelines on its
application to collective agreements regarding
the working conditions of solo self-employedpersons. For these reasons, it is important toaccompany this process with adequate
safeguards for persons performing platform
work, irrespective of the nature of thecontractual relationship, avoiding
discrimination and promoting new opportunities.
Notably, platform work can blur the boundaries
between employment relationship and selfemployed activity, and the responsibilities of
employers and workers. Misclassification of theemployment status has consequences for the
persons affected, as it is likely to restrict access toexisting labour and social rights. It also leads toan uneven playing field with respect to businesses
that classify their workers correctly, and it has
implications for Member States’ industrial
relations systems, their tax base and the coverageand sustainability of their social protection
systems. While such challenges are broader thanplatform work, they are particularly acute andpressing in the platform economy.

1. Commission staff working document, Impact Assessment
Report, Accompanying the Proposal for a Directive of theEuropean Parliament and of the Council to improve theworking conditions in platform work in the European
Union, (SWD(2021)396 final/2, p. 6; The Social Protectionof Workers in the Platform Economy, Study commissionedby the EMPL Committee, European Parliament, 2017(https://www.europarl.europa.eu/RegData/etudes/STUD/20
17/614184/IPOL_STU(2017)614184_EN.pdf).

16a(6a) The labour and social protection legislation

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Commission Proposal

EP Mandate

Council Mandateof most Member States is generally unprepared
for the challenges of the digital world and, inparticular, the digitalised labour market, whichcauses grave risks both to people who are
engaged in digitally based work and to existingsolidarity-based healthcare and social security
models. If not tackled appropriately, those risks
might jeopardise the European social model andthe goals of the Pillar, whereas technologicalprogress might also provide the solutions foradaptation of the European social model to therealities of the 21st century. Therefore, theproposed solutions should help protect thesituation of persons performing platform work
and improve their working conditions.
Recital 717(7) Court cases in several Member States haveshown the persistence of misclassification of theemployment status in certain types of platform
work, in particular in sectors where digital labour
platforms exert a certain degree of control over
the remuneration and performance of work. While
digital labour platforms frequently classify
persons working through them as self-employedor ‘independent contractors’, many courts havefound that the platforms exercise de facto
direction and control over those persons, often
integrating them in their main business activities
and unilaterally determining the level of
remuneration. Those courts have therefore
reclassified purportedly self-employed persons asworkers employed by the platforms. However,national case law has resulted in diverse outcomes
and digital labour platforms have adapted theirbusiness model in various ways, thus increasing(7) Court cases in several Member States haveshown the persistence of misclassification of theemployment status in certain types of platform
work, in particular in sectors where digital labour
platforms exert a certain degree of direction orcontrol over the remuneration and performance ofwork. While digital labour platforms frequently
classify persons working through them as selfemployed or ‘independent contractors’, many
courts have found that the platforms exercise defacto direction and control over those persons,often integrating them in their main businessactivities and unilaterally determining the level of
remuneration. Those courts have therefore
reclassified purportedly self-employed persons asworkers employed by the platforms. However,national case law has resulted in diverse outcomes
and digital labour platforms have adapted theirbusiness model in various ways, thus increasing(7) Court cases in several Member States haveshown the persistence of misclassification of theemployment status in certain types of platform
work, in particular in sectors where digital labour
platforms exert a certain degree of control over
the remuneration and performance of work. While
digital labour platforms frequently classify
persons working through them as self-employedor ‘independent contractors’, many courts havefound that the platforms exercise de facto
direction and control over those persons, often
integrating them in their main business activities
and unilaterally determining the level of
remuneration. Those courts have therefore
reclassified purportedly self-employed persons asworkers employed by the platforms. However,national case law has resulted in diverse
outcomes and digital labour platforms haveadapted their business model in various ways,

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Commission Proposal

EP Mandate

Council Mandate

the lack of legal certainty over the employment
status.

the lack of legal certainty over the employment
status as well as hampering a level playing field
both within the internal market and between
digital labour platforms and traditional
businesses.

thus increasing the lack of legal certainty over theemployment status.

(8) Automated monitoring and decision-making
systems powered by algorithms increasingly
replace functions that managers usually performin businesses, such as allocating tasks, giving
instructions, evaluating the work performed,
providing incentives or imposing sanctions.
Digital labour platforms use such algorithmic
systems as a standard way of organising andmanaging platform work through theirinfrastructure. Persons performing platform work
subject to such algorithmic management often
lack information on how the algorithms work,
which personal data are being used and how their
behaviour affects decisions taken by automatedsystems. Workers’ representatives and labour
inspectorates do not have access to thisinformation either. Moreover, persons performing
platform work often do not know the reasons for
decisions taken or supported by automatedsystems and lack the possibility to discuss thosedecisions with a contact person or to contest them.

(8) Automated monitoring and decision-making
systems powered by algorithms increasingly
replace functions that managers usually performin businesses, such as allocating tasks, pricing ofindividual assignments and working time, giving
instructions, evaluating the work performed,
providing incentives or imposing sanctions.
Digital labour platforms in particular use suchalgorithmic systems as a standard way oforganising and managing platform work throughtheir infrastructure. Persons performing platformwork subject to such algorithmic management
often do not have access to lack information on
how the algorithms work, which personal data arebeing used and how their behaviour affects
decisions taken by automated systems. Workers’
representatives, representatives of persons
performing platform work, and labour
inspectorates and competent supervisory
authorities do not have access to this information
either. Moreover, persons performing platformwork often do not know the reasons for decisions
taken or supported by automated systems and lackthe possibility to obtain an explanation for thosedecisions, to discuss those decisions with acontact person or to contest them and to seek
rectification and, where relevant, redress.
Persons performing platform work and theirrepresentatives often do not receive timely(8) Automated monitoring andor decisionmaking systems powered by algorithms
increasingly replace functions that managers
usually perform in businesses, such as allocatingtasks, giving instructions, evaluating the work
performed, providing incentives or imposing
sanctions. Digital labour platforms use suchalgorithmic systems as a standard way oforganising and managing platform work throughtheir infrastructure. Persons performing platformwork subject to such algorithmic management
often lack information on how the algorithms
work, which personal data are being used andhow their behaviour affects decisions taken by
automated systems. Workers’ representatives andlabour inspectorates do not have access to thisinformation either. Moreover, persons performing
platform work often do not know the reasons for
decisions taken or supported by automatedsystems and lack the possibility to discuss thosedecisions with a contact person or to contest them.

Recital 818

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Commission Proposal

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Council Mandate

information or the opportunity to discuss, to beeffectively consulted, negotiate and to review thealgorithmic systems that nonetheless have a
direct impact on their working conditions.
Recital 91919a(9) When platforms operate in several Member
States or across borders, it is often unclear where
the platform work is performed and by whom.
Also, national authorities do not have easy accessto data on digital labour platforms, including thenumber of persons performing platform work,
their employment status, and their working
conditions. This complicates the enforcement ofapplicable rules, including in respect of labour
law and social protection.

(9) When platforms operate in several Member
States or across borders, it is often unclear where
the platform work is performed and by whom,
especially online based platform work. Also,
national authorities do not have easy access todata on digital labour platforms, including thenumber of persons performing platform work,
their employment status, and their working
conditions. This complicates the enforcement ofapplicable national and European rules,
including in respect of labour and tax law andsocial protection.

(9) When platforms operate in several Member
States or across borders, it is often unclear where
the platform work is performed and by whom.
Also, national authorities do not have easy accessto data on digital labour platforms, including thenumber of persons performing platform work,
their employment status, and their working
conditions. This complicates the enforcement ofapplicable rules, including in respect of labour
law and social protection.

(9a) The number of platforms active in theUnion increased from 463 in 2016 to 516 inMarch 2021. The platform economy in theUnion increased almost fivefold during the same
period, from an estimated EUR 3,4 billion in2016 to about EUR 14 billion in 2020. The
majority of activity of such platforms relates totaxi and food delivery services, both of whichwere strongly affected by the COVID-19
pandemic (- 35% and +125%, respectively).
Platforms that have their origin outside theUnion play an important role in the Union’s
platform economy.

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Council Mandate(10) A body of legal instruments provides forminimum standards in working conditions andlabour rights across the Union. This includes inparticular Directive (EU) 2019/1152 of theEuropean Parliament and of the Council1 ontransparent and predictable working conditions,
Directive 2003/88/EC of the European Parliamentand of the Council2 on working time, Directive
2008/104/EC of the European Parliament and of
the Council3 on temporary agency work, and otherspecific instruments on aspects such as health andsafety at work, pregnant workers, work-lifebalance, fixed-term work, part-time work, postingof workers, information and consultation ofworkers, among others. While those instruments
provide a level of protection to workers, they do
not apply to the genuine self-employed.
_________(10) A body of legal instruments provides forminimum standards in working conditions andlabour rights across the Union. This includes inparticular Directive (EU) 2019/1152 of theEuropean Parliament and of the Council1 ontransparent and predictable working conditions,
Directive 2003/88/EC of the European Parliamentand of the Council2 on working time, Directive
2008/104/EC of the European Parliament and of
the Council3 on temporary agency work, and otherspecific instruments on aspects such as health andsafety at work, pregnant workers, work-lifebalance, fixed-term work, part-time work, postingof workers, information and consultation ofworkers, among others. Those legal instruments
have been interpreted by the Court of Justice of
the European Union (Court of Justice) in
particularly relevant case law, according towhich ‘stand-by’ time, during which theworker's opportunities to carry out otheractivities are significantly restricted, is to be
regarded as working time4. The interpretation of
the Court of Justice is particularly relevant for
platform workers, who spend 8.9 hours per
week5 doing unpaid tasks, such as researchingtasks, waiting for assignments, participating incontests to get assignments and reviewing workads, which is not accounted for as working time
when they are incorrectly classified as selfemployed. While those instruments provide alevel of protection to workers, they do not apply
to the genuine self-employed genuinely selfemployed persons.
_________(10) A body of legal instruments provides forminimum standards in working conditions andlabour rights across the Union. This includes inparticular Directive (EU) 2019/1152 of theEuropean Parliament and of the Council1 ontransparent and predictable working conditions,
Directive 2003/88/EC of the European Parliamentand of the Council2 on working time1, Directive
2008/104/EC of the European Parliament and of
the Council3 on temporary agency work2,, andother specific instruments on aspects such as
health and safety at work, pregnant workers,
work-life balance, fixed-term work, part-time
work, posting of workers, information andconsultation of workers, among others. While
those instruments provide a level of protection toworkers, they do not apply to the genuine selfemployed.
_________

Recital 10

20

1. Directive (EU) 2019/1152 of the European Parliament andof the Council of 20 June 2019 on transparent andpredictable working conditions in the European Union (OJ L
186, 11.7.2019, p. 105).
2. Directive 2003/88/EC of the European Parliament and of
the Council of 4 November 2003 concerning certain aspectsof the organisation of working time (OJ L 299, 18.11.2003,
p. 9).
3. Directive 2008/104/EC of the European Parliament and of
the Council of 19 November 2008 on temporary agency work
(OJ L 327, 5.12.2008, p. 9).

1. Directive (EU) 2019/11522003/88/EC of the European
Parliament and of the Council of 20 June 2019 ontransparent and predictable working conditions in theEuropean Union (OJ L 186, 11.7.2019, p. 105)4 November
2003 concerning certain aspects of the organisation ofworking time (OJ L 299, 18.11.2003, p. 9).
2. Directive 2003/88/EC2008/104/EC of the European
Parliament and of the Council of 419 November 2003
concerning certain aspects of the organisation of working
time (OJ L 299, 18.11.20032008 on temporary agency work
(OJ L 327, 5.12.2008, p. 9).
3. Directive 2008/104/EC of the European Parliament and of
the Council of 19 November 2008 on temporary agency work
(OJ L 327, 5.12.2008, p. 9).

1. Directive (EU) 2019/1152 of the European Parliament andof the Council of 20 June 2019 on transparent andProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work (Text with EEA relevance) 2021/0414(COD) 15-06-2023 at 17h52 12/2

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predictable working conditions in the European Union (OJ L
186, 11.7.2019, p. 105).
2. Directive 2003/88/EC of the European Parliament and of
the Council of 4 November 2003 concerning certain aspectsof the organisation of working time (OJ L 299, 18.11.2003,
p. 9).
3. Directive 2008/104/EC of the European Parliament and of
the Council of 19 November 2008 on temporary agency work
(OJ L 327, 5.12.2008, p. 9).
4. Judgement of the Court of 21February 2018 in Ville deNivelles v Rudy Matzak, C-518/15, ECLI: EU:C:2018:82).
This line of reasoning was confirmed and elaborated in two
2021 judgments (Judgment of the Court (Grand Chamber)of 9 March 2021 in RJ v Stadt Offenbacham Main, C580/19, ECLI:EU:C:2021:183; Judgement of the Court(Grand Chamber) of 9 March 2021 in -D.J. v
Radiotelevizija Slovenija, C-344/19, ECLI:EU:C:2021:182.
5. COMMISSION STAFF WORKING DOCUMENT,IMPACT ASSESSMENT REPORT, Accompanying the
Proposal for a Directive of the European Parliament and of
the Council to improve the working conditions in platformwork in the European Union, SWD(2021) 396 final/2.

Recital 1121(11) Council Recommendation 2019/C 387/011
on access to social protection for workers and theself-employed recommends Member States totake measures ensuring formal and effective
coverage, adequacy and transparency of social
protection schemes for all workers and selfemployed. Member States currently have varying
degrees of providing social protection to the selfemployed.
_________
1. Council Recommendation of 8 November 2019 on accessto social protection for workers and the self-employed(2019/C 387/01) (OJ C 387, 15.11.2019, p. 1).

(11) Social protection is a solidarity-based safety
net that is beneficial not only to the individual
but also to society as a whole. Council
Recommendation 2019/C 387/011 on access tosocial protection for workers and the selfemployed recommends Member States to takemeasures ensuring formal and effective coverage,adequacy and transparency of social protection
schemes for all workers and self-employed.
Member States currently have varying degrees ofproviding social protection to the self-employed.
It is essential to ensure, and where necessary
extend, access to social protection to persons
performing platform work including for people
transitioning from one status to another in orderto ensure the portability of accumulated social(11) Council Recommendation 2019/C 387/011
on access to social protection for workers and theself-employed recommends Member States to takemeasures ensuring formal and effective coverage,adequacy and transparency of social protection
schemes for all workers and self-employed.
Member States currently have varying degrees ofproviding social protection to the self-employed.
_________
1. Council Recommendation of 8 November 2019 on accessto social protection for workers and the self-employed(2019/C 387/01) (OJ C 387, 15.11.2019, p. 1).

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rights and entitlements.
_________
1. Council Recommendation of 8 November 2019 on accessto social protection for workers and the self-employed(2019/C 387/01) (OJ C 387, 15.11.2019, p. 1).

Recital 1222(12) Regulation (EU) 2016/679 of the European
Parliament and of the Council1 (‘General Data
Protection Regulation’) ensures the protection ofnatural persons with regard to the processing of
personal data, and in particular provides certain
rights and obligations as well as safeguards
concerning lawful, fair and transparent processingof personal data, including with regard toautomated individual decision-making.
Regulation (EU) 2019/1150 of the European
Parliament and of the Council2 promotes fairness
and transparency for ‘business users’ using online
intermediation services provided by operators of
online platforms. The European Commission has
proposed further legislation laying down
harmonised rules for providers and users ofartificial intelligence systems3.
_________
1. Regulation (EU) 2016/679 of the European Parliament andof the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on
the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation) (OJ L 119,4.5.2016, p. 1).
2. Regulation (EU) 2019/1150 of the European Parliamentand of the Council of 20 June 2019 on promoting fairness
and transparency for business users of online intermediation
services (OJ L 186, 11.7.2019, p. 57).
3. COM(2021) 206 final, 21.4.2021.

(12) Regulation (EU) 2016/679 of the European
Parliament and of the Council1 (‘General Data
Protection Regulation’) ensures the protection ofnatural persons with regard to the processing of
personal data, and in particular provides certain
rights and obligations as well as safeguards
concerning lawful, fair and transparent processingof personal data, including with regard toautomated individual decision-making.
Regulation (EU) 2019/1150 of the European
Parliament and of the Council2 promotes fairness
and transparency for ‘business users’ using online
intermediation services provided by operators of
online platforms. The European Commission has
proposed further legislation laying down
harmonised rules for providers and users ofartificial intelligence systems3, which will apply
without prejudice to the more specific rules set
out in this Directive.
_________
1. Regulation (EU) 2016/679 of the European Parliament andof the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on
the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation) (OJ L 119,4.5.2016, p. 1).
2. Regulation (EU) 2019/1150 of the European Parliamentand of the Council of 20 June 2019 on promoting fairness
and transparency for business users of online intermediation
services (OJ L 186, 11.7.2019, p. 57).
3. COM(2021) 206 final, 21.4.2021.

(12) Regulation (EU) 2016/679 of the European
Parliament and of the Council1 (‘General Data
Protection Regulation’) ensures the protection ofnatural persons with regard to the processing of
personal data, and in particular provides certain
rights and obligations as well as safeguards
concerning lawful, fair and transparent processingof personal data, including with regard toautomated individual decision-making.
Regulation (EU) 2019/1150 of the European
Parliament and of the Council2 promotes fairness
and transparency for ‘business users’ using
online intermediation services provided byoperators of online platforms. The European
Commission has proposed further legislation
laying down harmonised rules for providers andusers of artificial intelligence systems3.
_________
1. Regulation (EU) 2016/679 of the European Parliament andof the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on
the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation) (OJ L 119,4.5.2016, p. 1).
2. Regulation (EU) 2019/1150 of the European Parliamentand of the Council of 20 June 2019 on promoting fairness
and transparency for business users of online intermediation
services (OJ L 186, 11.7.2019, p. 57).
3. COM(2021) 206 final, 21.4.2021.

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Recital 12a(12a) Regulation (EU) 2019/1150 of theEuropean Parliament and of the Council1
promotes fairness and transparency for‘business users’ using online intermediation
services provided by operators of online
platforms. [The European Commission has
proposed further legislation laying down
harmonised rules for providers and users ofartificial intelligence systems]2.
_________

22a

1. Regulation (EU) 2019/1150 of the European Parliamentand of the Council of 20 June 2019 on promoting fairness
and transparency for business users of online
intermediation services (OJ L 186, 11.7.2019, p. 57).
2. [COM(2021) 206 final, 21.4.2021.]

Recital 12b(12b) Directive 2002/14/EC of the European
Parliament and of the Council1 establishes ageneral framework setting out minimum
requirements for the right to information andconsultation of employees in undertakings or
establishments within the Union.
_________

22b

1. Directive 2002/14/EU of the European Parliament and of
the Council of 11 March 2002 establishing a generalframework for informing and consulting employees in theEuropean Community (OJ L 80, 23.3.2002, p. 29).

Recital 1323(13) While existing or proposed Union legal acts

(13) While existing or proposed Union legal acts

(13) While existing or proposed Union legal acts

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provide for certain general safeguards, challenges
in platform work require some further specificmeasures. In order to adequately frame thedevelopment of platform work in a sustainable
manner, it is necessary for the Union to set new
minimum standards in working conditions toaddress the challenges arising from platformwork. Persons performing platform work in theUnion should be provided with a number ofminimum rights aiming at ensuring correct
determination of their employment status, atpromoting transparency, fairness andaccountability in algorithmic management, and at
improving transparency in platform work,
including in cross-border situations. This should
be done with a view to improving legal certainty,
creating a level playing field between digitallabour platforms and offline providers of services
and supporting the sustainable growth of digitallabour platforms in the Union.

provide for certain general safeguards, challenges
in platform work require some further specificmeasures. In order to adequately frame thedevelopment of platform work in a sustainable
manner, it is necessary for the Union to set new
minimum standards in working conditions toaddress the challenges arising from platformwork. Persons performing and to protect platformwork in the Union workers’ rights. Platformworkers and, where applicable, persons
performing platform work should be provided
with a number of minimum rights aiming atensuring, the correct determination of theiremployment contractual status, as well as fairand just working conditions, at promoting
transparency, fairness and, accountability inalgorithmic management, and at and nondiscrimination, and preventing health and safety
risks in algorithmic management, improving
transparency in platform work, including in crossborder situations, and ensuring the right tobargain collectively in accordance with nationallaw and practice. This should be done with aview to improving legal certainty, creating a levelplaying field between digital labour platforms andoffline providers of services and supporting thesustainable growth of digital labour platforms in
the Union. In order to achieve this, persons
working via a digital labour platform should becorrectly classified in relation to theircontractual status in order to access theapplicable national labour and social protection
law.

provide for certain general safeguards, challenges
in platform work require some further specificmeasures. In order to adequately frame thedevelopment of platform work in a sustainable
manner, it is necessary for the Union to set new
minimum standards in working conditions toaddress the challenges arising from platformwork. Measures facilitating the correct
determination of the employment status of
persons performing platform work in the Union
should be provided with a number of minimum
rights aiming at ensuring correct determination of
their employment status, at promoting
transparency, fairness and accountability inalgorithmic management, and at
improvingintroduced, and transparency on
platform work should be improved, including incross-border situations. In addition, persons
performing platform work should be provided anumber of rights aiming at promoting
transparency, fairness and accountability inalgorithmic management in platform work,
including in cross-border situations. This should
be done with a view to improving legal certainty,
creating and aiming at a level playing field
between digital labour platforms and offline
providers of services and supporting thesustainable growth of digital labour platforms in
the Union.

(14) The Commission has undertaken a two-stage(14) The Commission has undertaken a two-stage(14) The Commission has undertaken a two-stage

Recital 14
24

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consultation of the social partners, in accordancewith Article 154 of the Treaty on the Functioningof the European Union, on the improvement ofworking conditions in platform work. There wasno agreement among the social partners to enter
into negotiations with regard to those matters. It
is, however, important to take action at Unionlevel in this area by adapting the current legal
framework to the emergence of platform work.

consultation of the social partners, in accordancewith Article 154 of the Treaty on the Functioningof the European Union, on the improvement ofworking conditions in platform work. There wasno agreement among the social partners to enter
into negotiations with regard to those matters. It
is, however, important to take action at Unionlevel in this area by adapting the current legal
framework to the emergence of platform workand of the use of automated monitoring anddecision-making systems.

consultation of the social partners, in accordancewith Article 154 of the Treaty on the Functioningof the European Union (TFEU), on the
improvement of working conditions in platformwork. There was no agreement among the social
partners to enter into negotiations with regard to
those matters. It is, however, important to takeaction at Union level in this area by adapting thecurrent legal framework to the emergence of
platform work.

(15) In addition, the Commission held extensive
exchanges with relevant stakeholders, including
digital labour platforms, associations of persons
performing platform work, experts fromacademia, Member States and internationalorganisations and representatives of civil society.

(15) In addition, the Commission held extensive
exchanges with relevant stakeholders, including
digital labour platforms, associations of persons
performing platform work, the social partners,
experts from academia, Member States andinternational organisations and representatives ofcivil society.

(15) In addition, the Commission held extensive
exchanges with relevant stakeholders, including
digital labour platforms, associations of persons
performing platform work, experts fromacademia, Member States and internationalorganisations and representatives of civil society.

Recital 15

25

Recital 15a25a(15a) This Directive aims to improve theworking conditions of platform workers and toprotect the personal data of persons performing
platform work by regulating the use ofalgorithmic management in the context of
platform work. Both objectives are being
pursued simultaneously and, whilst mutually
reinforcing and inseparably linked, one is notsecondary to the other. As regards Article
153(1)(b) TFEU, this Directive sets out rules
aimed at supporting the correct determination of
the employment status of persons performing

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platform work and improving transparency on
platform work, including in cross-bordersituations. As regards Article 16 TFEU, thisDirective establishes a framework to improve theprotection of natural persons performing
platform work regarding the processing of theirpersonal data by increasing transparency,
fairness and accountability of relevant
algorithmic management procedures in platformwork.

Recital 1626(16) This Directive should apply to persons
performing platform work in the Union who have,or who based on an assessment of facts may bedeemed to have, an employment contract or
employment relationship as defined by the law,collective agreements or practice in force in theMember States, with consideration to the case-lawof the Court of Justice of the European Union.
This should include situations where theemployment status of the person performing
platform work is not clear, so as to allow correct
determination of that status. The provisions on
algorithmic management which are related to theprocessing of personal data should also apply togenuine self-employed and other persons
performing platform work in the Union who do
not have an employment relationship.

(16) This Directive should apply to persons
performing platform work in the Union who have,or who based on an assessment of facts may bedeemed to have, an employment contract or
employment relationship as defined by the law,collective agreements or practice in force in theeach Member States State, with consideration to
the case-law of the Court of Justice of theEuropean Union. This should include situations
where the employment status of the person
performing platform work is not clear, so as toallow correct determination of that status. The
provisions on algorithmic management which are
related to the processing of personal data should
also apply to genuinegenuinely self-employedpersons and to and other persons performing
platform work in the Union who do not have an
employment relationship.

(16) This Directive should apply to persons
performing platform work in the Union who have,or who based on an assessment of facts may bedeemed to have, an employment contract or
employment relationship as defined by the law,collective agreements or practice in force in theMember States, with consideration to the caselaw of the Court of Justice of the European
Union. This should include situations where the,independently of their employment status of theperson performing platform work is not clear, so
as to allow correct determination of that status.
The provisions on algorithmic management which
are related to the processing of personal data
should also apply to genuine self-employed andother persons performing platform work in theUnion who do not have an employment
relationship.

(17) This Directive should apply to all digitallabour platforms, irrespective of their place of(17) This Directive should apply to all digitallabour platforms, irrespective of their place of(17) This Directive should establish mandatory
rules that apply to all digital labour platforms,

Recital 17
27

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establishment and irrespective of the law
otherwise applicable, provided that the platformwork organised through that digital labour
platform is performed in the Union. A targeted setof mandatory rules should be established at Unionlevel to ensure minimum rights on working
conditions in platform work.

establishment and irrespective of the law
otherwise applicable, provided that the platformwork organised through that digital labour
platform is performed in the Union. A targeted setof mandatory rules should be established at Unionlevel to ensure minimum rights on working
conditions in platform work.

irrespective of their place of establishment andirrespective of the law otherwise applicable,
provided that the platform work organised
through that digital labour platform is performedin the Union. A targeted set of mandatory rules
should be established at Union level to ensure
minimum rights on working conditions in
platform work.

Recital 17a27a(17a) Self-employed intermediary persons
covered by Council Directive 86/653/EEC1, whohave continuing authority to negotiate the saleor the purchase of goods on behalf of anotherperson or to negotiate and conclude suchtransactions on behalf of and in the name of that
person, should not fall within the scope of thisDirective provided that a digital labour platform
does not organise the work of commercial agentsor intermediates between such commercial
agents and their principals.
_________
1. Council Directive 86/653/EEC on the coordination of thelaws of the Member States relating to self-employedcommercial agents (OJ L 382, 31.12.1986, p.17).

27b(17b) Taxi dispatch services, as regulated undernational law and practice, can be distinguishedfrom ride hailing digital labour platforms, when
they are merely an ‘add-on’ to a pre-existing
service and only connect genuinely selfemployed licensed taxi drivers with theircustomers, sending the communications received

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from persons seeking a taxi service to licensed
taxi drivers, provided that they do not exert any
type of control or direction, in accordance withthis Directive, over the licensed taxi drivers,
namely that, inter alia, the service provider does
not set and collect the fare for the journey anddoes not have control over the quality of thevehicles or over the drivers and theirperformance of the work. Self-employed taxi
drivers are usually free to choose how to
generate their turnover due to the rights typicallyreceived with their license, such as the right toaccess clients freely by means of street-hailing,
dedicated public taxi stops or equivalent ways.
Recital 17b27c(17c) Crowdwork can be defined as theorganising of outsourcing or allocation of tasks
potentially provided to a large pool of customers
or employers, through online platforms.
Crowdwork shares many similarities with otherforms of non-standard employment such as
temporary work, part-time work or temporary
agency work. It is typically performed over theinternet through a technological intermediary
which is often a platform. Microwork or
crowdwork platforms coordinate small online
tasks. Those microtask platforms are a type of
online digital labour platform that provide
businesses and other clients with access to alarge, flexible workforce (a "crowd") for thecompletion of small tasks that can be completed
remotely using a computer and internet
connection. Tasks are distributed to a large
number of individuals - the so-called crowd who can perform individual activities

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asynchronously and remotely via their personal
computers. Digital labour platforms organising
crowdwork should fall within the scope of thisDirective.
Recital 1828(18) Digital labour platforms differ from other
online platforms in that they organise work
performed by individuals at the request, one-offor repeated, of the recipient of a service provided
by the platform. Organising work performed byindividuals should imply at a minimum asignificant role in matching the demand for theservice with the supply of labour by an individual
who has a contractual relationship with the digitallabour platform and who is available to perform a
specific task, and can include other activities suchas processing payments. Online platforms which
do not organise the work performed byindividuals but merely provide the means bywhich service providers can reach the end-user,
for instance by advertising offers or requests forservices or aggregating and displaying available
service providers in a specific area, without any
further involvement, should not be considered adigital labour platform. The definition of digitallabour platforms should not include providers of aservice whose primary purpose is to exploit orshare assets, such as short-term rental ofaccommodation. It should be limited to providersof a service for which the organisation of work
performed by the individual, such as transport ofpersons or goods or cleaning, constitutes anecessary and essential and not merely a minor
and purely ancillary component.

(18) Digital labour platforms differ from other
online platforms in that they organise the work
performed by individuals at request of arecipient of a service or by the allocation ofwork through an open call the request, one-off orrepeated, of the recipient of a service provided by
the platformthrough electronic means, such as a
website or a mobile application. Organising work
performed by individuals should imply at aminimum a significant role in matching thedemand for the service with the supply of labour
by an individual who has a contractual
relationship with the digital labour platform,
irrespective of the contractual designation of therelationship between that individual and thenatural or legal person providing the service,
and who is available to perform a specific task,
and can include other activities such as processing
payments. Online platforms which do notorganise the work performed by individuals but
merely provide the means by which service
providers can reach the end-user, for instance by
for advertising offers or requests for services oraggregating and displaying available service
providers in a specific area, without any further
involvement, should not be considered a digitallabour platform. The definition of digital labour
platforms should not include providers of aservice whose primary purpose is to exploit orshare assets, such as short-term rental of(18) Digital labour platforms differ from other
online platforms in that they use automatedmonitoring or decision-making systems toorganise work performed by individuals at therequest, one-off or repeated, of the recipient of aservice provided by the platform. Automatedmonitoring and decision-making systems collectpersonal data of persons performing platformwork and take or support decisions that affectwork conditions. Organising work performed byindividuals should imply at a minimum asignificant role in matching the demand for theservice with the supply of labourwork by anindividual who has a contractual relationship withthe digital labour platform and who is available toperform a specific task, and. This can include
other activities such as processing payments.
Online platforms which do not organise the work
performed by individuals but merely provide themeans by which service providers can reach theend-user, for instance by advertising offers orrequests for services or aggregating anddisplaying available service providers in a
specific area, without any further involvement,
should not be considered a digital labour
platform. The definition of digital labour
platforms should not include providers of aservice whose primary purpose is to exploit orshare assets, such as short-term rental ofaccommodation, or to resell goods or services,

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accommodation. It should be limited to providersof a service for which the organisation of work
performed by the individual, such as transport ofpersons or or to resell goods or cleaning,
constitutes a necessary and essential and not
merely a minor and purely ancillary component.

nor those who organise the activities ofvolunteers. It should be limited to providers of aservice for which the organisation of work
performed by the individual, such as transport ofpersons or goods or cleaning, constitutes anecessary and essential and not merely a minor
and purely ancillary component.

Recital 18a28a(18a) The frequent misclassification of persons
performing platform work, together with the lackof a common workplace where platform workers
can get to know and communicate with eachother, including for the purpose of defending
their interests against the employer, make thephenomenon of company trade unions, or
workers’ representatives that are established orcontrolled by, and in the interests of, theemployer rather than those the workers1,
particularly serious in platform work. Suchcompany trade unions or workers’
representatives are contrary to Article 2 ofInternational Labour Organization (ILO)
Convention No 98 and to Directive 2002/14/EC
of the European Parliament and of the Council2.
When establishing or implementing practicalarrangements for information and consultation,
employers and the workers’ representatives
should work in a spirit of cooperation and with
due regard for their reciprocal rights andobligations, taking into account the interests
both of the undertaking or establishment and of
the workers. Digital labour platforms should
ensure, together with the most representativetrade unions, that elections for workers’
representatives comply with fundamental rights

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and freedoms and are in accordance withapplicable national law and practice.
_________
1. Eurofound definition,
https://www.eurofound.europa.eu/observatories/eurwork/in
dustrial-relations-dictionary/company-union .
2. Directive 2002/14/EC of the European Parliament and of
the Council of 11 March 2002 establishing a generalframework for informing and consulting employees in theEuropean Community - Joint declaration of the European
Parliament, the Council and the Commission on employee
representation (OJ L 80, 23.3.2002, p. 2).

28b(18b) Social dialogue and collective bargaining
are of utmost importance for achieving the goalsof this Directive. The exclusive prerogatives oftrade unions should be preserved, such as theirright to participate in collective bargaining andto conclude collective agreements. The rights
and prerogatives of trade union and otherworkers’ representatives set out in this Directive
should be ensured and respected in line with
ILO conventions1, as well as the Council ofEurope’s European Social Charter.
_________
1. In particular, Convention No 87 on Freedom of
Association and Protection of the Right to Organise, ILO
Convention No 98 on the Right to Organise and Collective
Bargaining, and having due regard to ILO Convention No
135 on Workers’ Representatives, ILO Convention No 151
on Labour Relations (Public Service), ILO Convention No
154 on Collective Bargaining and the related ILO
Recommendations.

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monitoring systems should include any
computing mechanism that uses computerscience techniques or data sets which can
influence working conditions, the organisationof labour, and enable problem-solving actions or
recommendations that have a significant impact
on the persons performing platform work. Suchautomated decision-making includes, inter alia,
monitoring, performance evaluation, individual
profiling, and the assignment of tasks. The useof computer-based applications for the exchangeof messages (such as emails) is, in principle,
regarded as a means of communication and thus
does not imply that those applications areautomated decisions per se.
Recital 18b

28d(18a) In some cases, persons performing
platform work do not have a direct contractual
relationship with the digital labour platform, but
are in a relationship with an intermediarythrough which they perform platform workthrough digital labour platform. Such a way toorganize platform work often results in a vastarray of different and complex triangular
relationships, as well as in blurred
responsibilities between the digital labour
platform and the intermediaries concerning
platform work. Persons performing platformwork through intermediaries are exposed to thesame risks in terms of misclassification of theiremployment status and automated monitoring or
decision-making systems as persons performing
platform work directly for the digital labour
platform. Member States should therefore lay
down adequate measures, including by

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establishing systems of joint responsibility, if
appropriate, in order to ensure that, under thisDirective, they enjoy the same level of protection
as persons performing platform work who havea direct contractual relationship with the digitallabour platform.

Recital 1929(19) To combat false self-employment in
platform work and to facilitate the correct
determination of the employment status, Member
States should have appropriate procedures inplace to prevent and address misclassification of
the employment status of persons performing
platform work. The aim of those proceduresshould be to ascertain the existence of an
employment relationship as defined by nationallaw, collective agreements or practice withconsideration to the case-law of the Court ofJustice, and, where such employment relationshipexists, to ensure full compliance with Union law
applicable to workers as well as national labour
law, collective agreements and social protection
rules. Where self-employment or an intermediate
employment status – as defined at national level –is the correct employment status, rights andobligations pursuant to that status should apply.

(19) A person performing platform work may beeither a platform worker or a genuinely selfemployed person. In order to combat false selfemployment in platform work and to facilitate thecorrect determination of the employment status,
Member States should have appropriate effective
procedures in place to prevent and address
misclassification of the employment status of
persons performing platform work. The aim of
those procedures should be to ensure the correct
determination of the employment status,
ascertaining ascertain the existence of an
employment relationship as defined by national
and applicable international law, collective
agreements or practice with consideration to thecase-law of the Court of Justice, and, where such
employment relationship exists, to ensure fullcompliance with Union law applicable to workers
as well as national labour law, collective
agreements and social protection rules. Where
self-employment or an intermediate employment
status – as defined at national level – is thecorrect employment status, rights and obligations
pursuant to that status should apply.

(19) To combat false self-employment in
platform work and to facilitate the correct
determination of the employment status, Member
States should have appropriate procedures inplace to prevent and address misclassification of
the employment status of persons performing
platform work. The aim of those proceduresshould be to ascertain the existence of an
employment relationship as defined by nationallaw, collective agreements or practice withconsideration to the case-law of the Court ofJustice, and, where such employment relationshipexists, thereby to ensure full compliance with
Union law applicable to workers as well as
national labour law, collective agreements andsocial protection rulesthat platform workers
enjoy the rights related to that employment
relationship deriving from relevant Union law,national law and collective agreements. Where
self-employment or an intermediate employment
status – as defined at national level – is the correct
employment status, rights and obligations
pursuant to that status should apply.

Recital 20
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Council Mandate(20) In its case law, the Court of Justice has
established criteria for determining the status of aworker1. The interpretation by the Court of Justiceof those criteria should be taken into account in
the implementation of this Directive. The abuse of
the status of self-employed persons, as defined innational law, either at national level or in crossborder situations, is a form of falsely declared
work that is frequently associated with undeclared
work. False self-employment occurs when aperson is declared to be self-employed while
fulfilling the conditions characteristic of an
employment relationship, in order to avoid certain
legal or fiscal obligations.
_________(20) In its case law, the Court of Justice has
established criteria for determining the status of aworker1. The interpretation by the Court of Justiceof those criteria should be taken into account in
the implementation of this Directive. The abuse of
the status of self-employed persons, as defined innational law, either at national level or in crossborder situations, is a form of falsely declared
work that is frequently associated with undeclared
work. False self-employment occurs when aperson is declared to be self-employed while
fulfilling the conditions characteristic of an
employment relationship, in order to avoid certain
legal or fiscal obligations, creating a situation of
unfair competition in respect of law-abiding
companies. Such persons should fall within thescope of this Directive.
_________(20) In its case law, the Court of Justice has
established criteria for determining the status of aworker1. The interpretation by the Court of Justiceof those criteria should be taken into account in
the implementation of this Directive. The abuse of
the status of self-employed persons, as defined innational law, either at national level or in crossborder situations, is a form of falsely declared
work that is frequently associated with undeclared
work. False self-employment occurs when aperson is declared to be self-employed while
fulfilling the conditions characteristic of an
employment relationship, in order to avoid
certain legal or fiscal obligations. The Court ofJustice has ruled2 that the classification of aself-employed person under national law does
not prevent that person from being classified asa worker within the meaning of Union law if
their independence is merely notional, thereby
disguising an employment relationship.
_________

1. Judgments of the Court of Justice of 3 July 1986, Deborah
Lawrie-Blum v Land Baden-Württemberg, C-66/85,
ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale
Solidaires Isère v Premier ministre and Others, C-428/09,
ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten
Informatie en Media v Staat der Nederlanden, C-413/13,
ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel
Abbruch- und Recycling Technik GmbH, C-229/14,
ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat derRuhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15,
ECLI:EU:C:2016:883; 16 July 2020, UX v Governo dellaRepubblica italiana, C-658/18, ECLI:EU:C:2020:572; andorder of the Court of Justice of 22 April 2020, B v Yodel
Delivery Network Ltd, C‑ 692/19, ECLI:EU:C:2020:288.

1. Judgments of the Court of Justice of 3 July 1986, Deborah
Lawrie-Blum v Land Baden-Württemberg, C-66/85,
ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale
Solidaires Isère v Premier ministre and Others, C-428/09,
ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten
Informatie en Media v Staat der Nederlanden, C-413/13,
ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel
Abbruch- und Recycling Technik GmbH, C-229/14,
ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat derRuhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15,
ECLI:EU:C:2016:883; 16 July 2020, UX v Governo dellaRepubblica italiana, C-658/18, ECLI:EU:C:2020:572; andorder of the Court of Justice of 22 April 2020, B v Yodel
Delivery Network Ltd, C‑ 692/19, ECLI:EU:C:2020:288.

1. Judgments of the Court of Justice of 3 July 1986, Deborah
Lawrie-Blum v Land Baden-Württemberg, C-66/85,
ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale
Solidaires Isère v Premier ministre and Others, C-428/09,
ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten
Informatie en Media v Staat der Nederlanden, C-413/13,
ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel
Abbruch- und Recycling Technik GmbH, C-229/14,
ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat derRuhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15,
ECLI:EU:C:2016:883; 16 July 2020, UX v Governo dellaRepubblica italiana, C-658/18, ECLI:EU:C:2020:572; andorder of the Court of Justice of 22 April 2020, B v Yodel
Delivery Network Ltd, C‑ 692/19, ECLI:EU:C:2020:288.
2. Judgements of the Court of Justice of 13 January 2004,
Debra Allonby v Accrington & Rossendale College,
Education Lecturing Services, trading as Protocol
Professional and Secretary of State for Education and
Employment, C-256/01, ECLI:EU:C:2004:18 ; 11November 2010, Dita Danosa v LKB Līzings SIA, C-

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232/09, ECLI:EU:C:2010:674 and 4 December 2014 FNV
Kunsten Informatie en Media v Staat der Nederlanden, C413/13, ECLI:EU:C:2014:2411

Recital 21G31(21) The principle of primacy of facts, meaningthat the determination of the existence of an
employment relationship should be guided
primarily by the facts relating to the actual
performance of work, including its remuneration,and not by the parties’ description of therelationship, in accordance with the 2006
Employment Relationship Recommendation (No198) of the International Labour Organisation, isparticularly relevant in the case of platform work,where contractual conditions are often unilaterally
determined by one party.

(21) The principle of primacy of facts, meaningthat the determination of the existence of an
employment relationship should be guided
primarily by the facts relating to the actual
performance of work, including its remuneration,and not by the parties’ description of therelationship, in accordance with the 2006
Employment Relationship Recommendation (No198) of the International Labour Organisation, isparticularly relevant in the case of platform work,where contractual conditions are often unilaterally
determined by one party.

(21) The principle of primacy of facts, meaningthat the determination of the existence of an
employment relationship should be guided
primarily by the facts relating to the actual
performance of work, including its remuneration,and not by the parties’ description of therelationship, in accordance with the 2006
Employment Relationship Recommendation (No198) of the International Labour Organisation, isparticularly relevant in the case of platform work,where contractual conditions are often unilaterally
determined by one party.

(22) Where the existence of an employment
relationship is established based on facts, theparty acting as employer should be clearly
identified and that party should fulfil all theobligations resulting from its role as employer.

(22) Where the existence of an employment
relationship is established based on facts, theparty or parties acting as employer should beclearly identified and that party should fulfil all
the obligations resulting from its their role asemployer under national law and relevant
national or sectoral collective agreements
applicable to the sector of activity, which is to be
determined by Member States in cooperation
with the social partners, in accordance withnational law and practice.

(22) WhereWhen the existence of an employment
relationship is established based on facts, theparty acting as employer should be clearly
identified and that party should fulfil all theobligations resulting from its role as employer.

G

Recital 22

32

Recital 23
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Council Mandate(23) Ensuring correct determination of theemployment status should not prevent the
improvement of working conditions of genuine
self-employed persons performing platform work.
Where a digital labour platform decides – on apurely voluntary basis or in agreement with thepersons concerned – to pay for social protection,
accident insurance or other forms of insurance,
training measures or similar benefits to selfemployed persons working through that platform,
those benefits as such should not be regarded asdetermining elements indicating the existence ofan employment relationship.

(23) Ensuring correct determination of theemployment status should not prevent the
improvement of working conditions ofgenuinegenuinely self-employed persons
performing platform work. Collective bargaining
is a key tool by which to improve the working
conditions of persons performing Where a digitallabour platform work, irrespective of thecontractual designation of the relationship andshould be encouraged by the Commission andMember States. The Commission
communication of 30 September 2022
containing Guidelines on the application ofUnion competition law to collective agreements
regarding the working conditions of solo selfemployed decides – on a purely voluntary basis
or in agreement with the persons can, to that
end, serve as useful guidance without prejudice
to national law and practice regarding the scope
and form of collective representation andprovided that those agreements cover genuinely
concerned – to pay for social protection, accident
insurance or other forms of insurance, training
measures or similar benefits to self-employedpersons. Member States should take measures toensure effective protection to persons
performing working through that platform work
especially female workers, as well as the mostvulnerable workers, young workers, older
workers, workers in the informal economy,
migrant workers and workers with disabilities,
those benefits as such should not be regarded asdetermining elements indicating the existence ofan employment relationship.

(23) Ensuring correct determination of theemployment status should not prevent the
improvement of working conditions of genuine
self-employed persons performing platform work.
Where a digital labour platform decides – on apurely voluntary basis or in agreement with thepersons concerned – to pay for social protection,
accident insurance or other forms of insurance,
training measures or similar benefits to selfemployed persons working through that platform,
those benefits as such should not be regarded asdetermining elements indicating the existence ofan employment relationship.

Recital 24
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Council Mandate(24) When digital labour platforms control
certain elements of the performance of work, they
act like employers in an employment relationship.
Direction and control, or legal subordination, is an
essential element of the definition of an
employment relationship in the Member Statesand in the case-law of the Court of Justice.
Therefore contractual relationships in which
digital labour platforms exert a certain level ofcontrol over certain elements of the performanceof work should be deemed, by virtue of a legal
presumption, to be an employment relationshipbetween the platform and the person performing
platform work through it. As a result, that person
should be classified as a worker having all therights and obligations in accordance with thatstatus, as laid down in national and Union law,collective agreements and practice. The legal
presumption should apply in all relevant
administrative and legal proceedings and should
benefit the person performing platform work.
Authorities in charge of verifying the compliancewith or enforcing relevant legislation, such as
labour inspectorates, social protection bodies ortax authorities, should also be able to rely on that
presumption. Member States should put in place anational framework to reduce litigation andincrease legal certainty.

(24) When digital labour platforms supervise or
exert some sort of control over certain elementsof the performance of work, they act like
employers in an employment relationship.
Direction and control, or legal subordination, isan essential element of the definition of an
employment relationship in the Member Statesand in the case-law of the Court of Justice.
Therefore, the contractual relationships between
persons performing platform work and thedigital labour platform in which digital labour
platforms exert a certain level of control overcertain elements of the performance of work
should be deemed, by virtue of a legal
presumption, to be an employment relationship .
National authorities are to apply thepresumption when they consider that there
might be incorrect classification of persons
performing platform work. The presumption
between the platform and the person performing
platform work through it. As a result, that person
should also be applied when a person performing
platform work or a trade union acting on
behalf or in support of several persons
performing platform work dispute theirclassification in administrative or legal
proceedingsbe classified as a worker having all
the rights and obligations in accordance with thatstatus, as laid down in national and Union law,collective agreements and practice. The legal
presumption should apply in all relevant
administrative procedures and administrative andlegal proceedings and should benefit the person
performing platform work. Authorities in chargeof verifying the compliance with or enforcing
relevant legislation, such as labour inspectorates,social protection bodies or tax authorities, should(24) When digital labour platforms control
certain elements of the performance of work, they
act like employers in an employment relationship.
Direction and control, or legal subordination, is an
essential element of the definition of an
employment relationship in the Member Statesand in the case-law of the Court of Justice.
Therefore contractual relationships in which
digital labour platforms exert a certain level ofcontrol over certain elements of the performanceof work should be deemed, by virtue of a legal
presumption, to beControl and direction can beexerted over persons performing platform workby a wide variety of means and in different
circumstances, as both national courts and the
Court of Justice have ascertained. When digitallabour platforms control the execution of work,
they act like employers in an employment
relationship. In addition, some terms andconditions applicable to persons between theplatform and the person performing platformwork through it. As a result, that person should beclassified as a worker having all the rights andobligations in accordance with that status, as laid
down in national and Union law, collective
agreements and practice. Theare typicallydetermined and imposed unilaterally in practiceby the digital labour platform, leaving no
possibility for the person performing platformwork to influence the substance of such terms
and conditions. Therefore, contractual
relationships of this kind should be deemed, by
virtue of a legal presumption, to be an
employment relationship between the platform
and should apply in all relevant administrativeand legal proceedings and should benefit theperson performing platform work. Authorities in

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also be able to rely on that apply thepresumption. Member States should put in place anational framework to reduce litigation andincrease legal certainty that ensures the correctclassification of persons performing platformwork from the outset of the contractual
relationship. The legal presumption of an
employment relationship should not lead to an
automatic classification of all persons
performing platform work as workers, as theplatform always has the possibility to rebut thepresumption before a decision of reclassification
is made by the competent administrative or legal
authority. The presumption should not coversituations where the persons performing
platform work are genuinely self-employed.
Persons performing platform work who are
genuinely self-employed should be allowed toremain so and to be able to access work throughplatforms. Genuinely self-employed persons arethemselves responsible vis-à-vis their customers
for how they perform their work and for thequality of their outputs.

charge of verifying the compliance with orenforcing relevant legislation, such as labour
inspectorates, social protection bodies or tax
authorities, should also be able to rely on that
presumption. Member States should put in place anational framework to reduce litigation andincrease legal certainty through it, where adigital labour platform exercises, either throughits terms and conditions applicable to thecontractual relationship in question or its acting
in practice, a certain level of direction andcontrol, expressed by fulfilling at least three ofthe criteria for triggering the presumption.

Recital 24a34a(24a) When the digital labour platform complies
with measures or rules which are required bylaw or collective agreements, applicable togenuine solo self-employed, this is not as such to
be understood as fulfilling one or more criteria
for triggering the legal presumption under thisDirective.

Recital 24b
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Council Mandate(24b) In its guidelines on the application ofUnion competition law to collective agreements
regarding the working conditions of solo selfemployed persons, the Commission clarifies that,in its view, collective agreements by solo selfemployed persons who are in a situationcomparable to that of workers fall outside thescope of Article 101 TFEU. It is important that
Member States take into account theopportunities outlined by the Guidelines on theapplication of Union competition law tocollective agreements regarding the working
conditions of genuine solo self-employedpersons, published by the European
Commission1. According to the Commission,collective agreements between solo selfemployed persons and digital labour platforms
relating to working conditions fall outside thescope of Article 101 TFEU, offering theopportunity to improve working conditions ofsuch solo self-employed persons, in particular
those performing platform work. These
collective agreements should, however, notundermine the objectives pursued by thisDirective, in particular the correct classificationof persons performing platform work withregard to their employment status.
_________
1. C(2022) 6846 final

Recital 2535(25) Criteria indicating that a digital labour
platform controls the performance of work should
be included in the Directive in order to make thelegal presumption operational and facilitate theenforcement of workers’ rights. Those criteria(25) Criteria indicating that a digital labour The
authorities and competent institutions
determining, based on an objective assessment,
the correct classification of persons performing
platform controls the performance of work should(25) Criteria indicating that a digital labour
platform controls the performanceexecution ofwork and that a person performing platformwork is likely to be in an employment
relationship should be included in the Directive

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should be inspired by Union and national case law
and take into account national concepts of theemployment relationship. The criteria should
include concrete elements showing that the digitallabour platform, for instance, determines inpractice and not merely recommends the working
conditions or the remuneration or both, gives
instructions on how the work is to be performed
or prevents the person performing platform workfrom developing business contacts with potential
clients. In order for it to be effective in practice,
two criteria should be always fulfilled to trigger
the application of the presumption,. At the sametime, the criteria should not cover situations
where the persons performing platform work are
genuine self-employed. Genuine self-employedpersons are themselves responsible vis-à-vis theircustomers for how they perform their work andthe quality of their outputs. The freedom tochoose working hours or periods of absence, torefuse tasks, to use subcontractors or substitutes
or to work for any third party is characteristic of
genuine self-employment. Therefore, de facto
restricting such discretions by a number ofconditions or through a system of sanctions,should also be considered as an element ofcontrolling the performance of work. Closely
supervising the performance of work or
thoroughly verifying the quality of the results ofthat work, including through electronic means,
which does not merely consist in using reviews or
ratings by the recipients of the service, should
also be considered as an element of controlling
the performance of work. At the same time,
digital labour platforms should be able to design
their technical interfaces in a way to ensure good
consumer experience. Measures or rules which

be includedwork regarding the existence of an
employment relationship as defined by theapplicable law, collective agreements or practicein force in the Directive in order to make thelegal presumption operational and facilitate theenforcement of workers’ rightsMember State inquestion, with consideration to the case-law of
the Court of Justice, should be guided by factual
elements indicating that the digital labour
platform exerts control and direction over the
performance of work . Those criteria elements
should be inspired by Union and national case law
as well as by the ILO Employment Relationship
Recommendation, 2006 (No 198) and take into
account national concepts of the employment
relationship. The criteria should include , and its
constant evolution, also following the evolutionof automated monitoring and decision-making
systems. Among the concrete elements that can
indicate that the digital labour platform exerts
control and direction over the performance ofwork, there are those showing that the digitallabour platform, for instance,: determines inpractice and not merely recommends theworking conditions or the remuneration or both,;issues periodic payments to the worker; requires
the respect of rules with regard to appearance orconduct; gives instructions on how the work is tobe performed or ; prevents the person performing
platform work from developing business contacts
with potential clients. In order for it to beeffective in practice, two criteria should bealways fulfilled to trigger the application,
including via controlling or restricting thecommunication between the person performing
platform work and the recipient of goods orservices, during and after the performance of thein order to make the legal presumption
operational and facilitate the enforcement ofworkers’ rights. Those criteria should be inspiredby Union and national case law and take into
account national concepts of the employment
relationship. The criteria should include concreteelements showing that the digital labour platform,
for instance, determines in practice and not
merely recommends the working conditions or the
remuneration or both, determines the upper
limits of the level of remuneration or its range,
requires the respect of rules and gives
instructions on how the work is to be performed
or prevents the person performing platform workfrom developing business contacts with potential
clients. In order for it to be effective in practice,
two criteria should be always fulfilled to trigger
the application of the presumptionwith regard to
appearance, conduct towards the recipient of theservice or performance of the work, restricts thediscretion to choose working hours or periods ofabsence, to refuse tasks, to use subcontractors or
substitutes or prevents the person performing
platform work from developing business contacts
with potential clients,. At the same time, thecriteria should not cover situations where thepersons performing platform work are genuine
self-employed. Genuine self-employed persons arethemselves responsible vis-à-vis their customers
for how they perform their work and including byusing a number of conditions or through asystem of sanctions. The criteria should also
comprise concrete elements showing that thedigital labour platform closely supervises theperformance of work, also by thoroughly
verifying the quality of their outputs. The freedom
to choose working hours or periods of absence, toProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work (Text with EEA relevance) 2021/0414(COD) 15-06-2023 at 17h52 32/2

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are required by law or which are necessary tosafeguard the health and safety of the recipients ofthe service should not be understood ascontrolling the performance of work.

presumption,. At the same time, the criteria
should not cover situations where thepersonswork; supervises the performance ofwork, including by electronic means; tracks orsupervises the person performing platform work
are genuine self-employed. Genuine selfemployed persons are themselves responsible visà-vis their customers for how they perform theirwork and the quality of their outputswhile
performing the work; controls and organises thebusiness activity linked to the platform work
performed by individuals or retains the
responsibility for related investment andmanagement; provides the person performing
platform work with tools, digital means,materials or machinery that are necessary forthe performance of the work; or restricts 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. . The
freedom to choose working hours or periods ofabsence, to refuse tasks, to use subcontractors or
substitutes or to work for any third party is
characteristic of genuine self-employment, while
not proving it per se. Therefore, de facto
restricting such discretions to organise one’s
work, in particular the discretion to choose one’s
working hours or periods of absence, to accept
or to refuse tasks or uses subcontractors or
substitutes by a number of conditions or througha system of sanctions, should also be considered
as an element of controlling the performance ofwork. Closely supervisingpenalties, including
restricting access to work, or using customer
rating systems as a tool of control and a basis forpenalties or as a tool to allocate work

refuse tasks, to use subcontractors or substitutes
or to work for any third party is characteristic of
genuine self-employment. Therefore, de facto
restricting such discretions by a number ofconditions or through a system of sanctions,should also be considered as an element ofcontrolling the performance of work. Closely
supervising the performance of work or
thoroughly verifying the quality of the results ofthat work, including through electronic means,
which does not merely consist in using reviews or
ratings by the recipients of the service, should
also be considered as an element of controlling
the performance of work. At the same time, digitallabour platforms should be able to design theirtechnical interfaces in a way to ensure good
consumer experience. Measures or rules which
are required by law or which are necessary tosafeguard the health and safety of the recipientsof the service should not be understood ascontrolling the performance of workthe results of
the work of persons performing platform work.
This includes assessing or regularly taking stockof the work performance or work progress which
can also be performed by electronic means, suchas camera surveillance, location tracking,counting keystrokes or taking screenshots orusing other functions in computers or
smartphones. Supervision does not include, on
the contrary, the use of electronic tools formatching the person performing platform workand the recipient of the service. At the sametime, the criteria should not cover situations
where the persons performing platform work are
genuine self-employed. Genuine self-employedpersons are themselves responsible vis-à-vis theircustomers for how they perform their work andProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work (Text with EEA relevance) 2021/0414(COD) 15-06-2023 at 17h52 33/2

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assignments should also be taken into
consideration as an element indicating control
and direction on the performance of work or
thoroughly . Verifying the quality of the resultsof that work, including through electronic means,should also be taken into consideration as anelement indicating control and direction on theperformance of work. This list is not exhaustive
and any other relevant which does not merely
consist in using reviews or ratings by therecipients of the service, should also be
considered as an element of controlling the could
indicate that the digital labour platform exerts
control and direction over the performance ofwork. At the same time, digital labour platforms
should be able to design their technical interfaces
in a way to ensure good consumer experience.
that measures or rules which are required by law
or which are necessary to safeguard the healthand safety of the recipients of the service should
not be understood as controlling supervising theperformance of work.

the quality of their outputs. The freedom to,notably, choose working hours or periods ofabsence, to refuse tasks, to use subcontractors or
substitutes or not to be limited in working for
any third party is to be considered one of thecharacteristics of genuine self-employment.
Restricting such freedom can take different
forms, considering that the platform economy
model is constantly evolving.

Recital 25a35a(25a) Member States should, in accordance with
their national legal and judicial systems,
establish a framework of supporting measures toensure the effective implementation of the legal
presumption. Such implementation is relevant toall parties that have a stake in the correct
determination of the employment status, such as
the worker, the digital labour platform andsocial partner organisations. In order for thepresumption to be effective in practice, three ofthe criteria indicating that the person
performing platform work is likely to be

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considered in an employment relationshipshould be always fulfilled to trigger its
application. The purpose of these criteria is toprovide a set of easily understandable
indications that point to the likely existence ofan employment relationship and thus facilitate
the access of the person performing platformwork to the relevant rights derived from theexistence of an employment relationship bymeans of the legal presumption.

Recital 25b35b(25b) In line with the objective of this Directive
to improve working conditions for platformworkers, by correctly determining theiremployment relationship and thereby ensuringthat they enjoy the relevant rights deriving from
Union law, national law and collective
agreements, the legal presumption should apply
in all relevant administrative or judicial
proceedings, where the employment status of theperson performing platform work is at stake.
While this Directive does not impose any
obligation on Member States to apply the legal
presumption in tax, criminal and social security
proceedings, nothing in this Directive should
prevent Member States, as a matter of nationallaw, from applying that presumption in those orother administrative or judicial proceedings orfrom recognising the results of proceedings inwhich the presumption has been applied for the
purposes of providing rights to reclassified
workers under other areas of law.

Recital 26
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36Commission Proposal

EP Mandate(26) Effective implementation of the legal
presumption through appropriate measures, suchas disseminating information to the public,
developing guidance and strengthening controls
and field inspections is essential to ensure legal
certainty and transparency for all parties involved.
These measures should take into account the
specific situation of start-ups to support theentrepreneurial potential and the conditions forthe sustainable growth of digital labour platforms
in the Union.

(26) Effective implementation of the legal
presumption through appropriate measures, suchas is essential to ensure legal certainty andtransparency for all parties involved. Suchmeasures should include disseminating
information to the public, developing
comprehensive guidance in the form of concreteand practical recommendations, andstrengthening controls, cooperation between
different national authorities, mechanisms for
persons performing platform work and digitallabour platforms to consult relevant authorities
and field inspections and field inspections isessential to ensure legal certainty andtransparency for all parties involved. These
measures should take into account the specificsituation of SMEs in the sustainable
development of digital labour platforms. In theinterest of fairness, the legal presumption should
not have as a consequence that some digitallabour platforms incorporate a subcontracting
undertaking between the platform start-ups to
support the entrepreneurial potential and theconditions for the sustainable growth ofservice
providing persons in order to circumvent the
obligations set out in this Directive. The digitallabour platforms in the Unionplatform of which
the employer is a subcontractor should be held
liable, in addition to or in the place of theemployer, for any infringement of the platformworkers' rights provided for in this Directive,
including with respect to any outstanding
remuneration and contributions due to thecommon funds or institutions of the social
partners.

Council Mandate

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36a

36b

EP Mandate

Council Mandate(26a) In order to ensure that labour inspections
are carried out effectively, Member States shouldhave sufficient labour inspectors, in accordancewith ILO Convention No 81 on Labour
Inspection and ILO Report III on the 95th
International Labour Conference in 2006, which
recommend that there be one labour inspector
per 10 000 workers. Member States should
determine, every year, a national target for thenumber of inspections to be carried out in
respect of the sectors of activity in which digitallabour platforms operate in order to ensure thecorrect classification of workers. The
reclassification of a person performing platformwork from self-employed to platform worker
should immediately generate an inspection of
relevant authorities in order to rapidly verify thestatus of the other persons performing platformwork for the same digital labour platform.

(26b) With a view to increasing the effectivenessof inspections for the purposes of applying thisDirective, Member States should ensure thatnational law provides for adequate powers tocompetent authorities to carry out inspections;that information about false self employment,
including the results of previous inspections, iscollected and processed for the effective
implementation of this Directive; and thatsufficient staff are available with the skills andqualifications needed to carry out inspections
effectively. Given the high incidence of

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misclassification, labour inspectors should be
required to develop proactive controls.
Recital 2737(27) In the interest of legal certainty, the legal
presumption should not have any retroactive legal
effects before the transposition date of thisDirective and should therefore only apply to theperiod starting from that date, including forcontractual relationships entered into before andstill ongoing on that date. Claims relating to thepossible existence of an employment relationshipbefore that date and resulting rights andobligations until that date should therefore beassessed only on the basis of national law andUnion law predating this Directive.

(27) In the interest of legal certainty, the legal
presumption should not have any retroactive legal
effects before the transposition date of thisDirective and should therefore only apply
starting from the date set in the transposing
legislation to the period starting from that date,including for contractual relationships enteredinto before and still ongoing on that date. Claims
relating to the possible existence of an
employment relationship before that date andresulting rights and obligations until that dateshould therefore be assessed only on the basis ofnational law and Union law predating thisDirective and in particular on Directive (EU)2019/1152.

(28) The relationship between a person
performing platform work and a digital labour
platform may not meet the requirements of an
employment relationship in accordance with thedefinition laid down in the law, collective
agreements or practice in force of the respective
Member State with consideration to the case-lawof the Court of Justice, even though the digitallabour platform controls the performance of workon a given aspect. Member States should ensure
the possibility to rebut the legal presumption inlegal or administrative proceedings or both byproving, on the basis of the aforementioned(28) The relationship between a person
performing platform work and a digital labour
platform may not meet the requirements of an
employment relationship in accordance with thedefinition laid down in the law, collective
agreements or practice in force of the respective
Member State with consideration to the case-lawof the Court of Justice, even though the digitallabour platform controls the performance of workon a given aspect. Member States should ensure
the possibility. Member States should ensure thepossibility for any of the parties to rebut the legal
presumption in legal or administrative

deletedRecital 2838(28) The relationship between a person
performing platform work and a digital labour
platform may not meet the requirements of an
employment relationship in accordance with thedefinition laid down in the law, collective
agreements or practice in force of the respective
Member State with consideration to the case-lawof the Court of Justice, even though the digitallabourcriteria indicate that a person performing
platform controls the performance of work on agiven aspect. work is likely to be in an
employment relationship. In judicial oradministrative proceedings, where the legal

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definition, that the relationship in question is not
an employment relationship. The shift in theburden of proof to digital labour platforms isjustified by the fact that they have a complete
overview of all factual elements determining therelationship, in particular the algorithms throughwhich they manage their operations. Legalproceedings and administrative proceedings
initiated by the digital labour platforms in order torebut the legal presumption should not have asuspensive effect on the application of the legal
presumption. A successful rebuttal of thepresumption in administrative proceedings should
not preclude the application of the presumption insubsequent judicial proceedings. When the person
performing platform work who is the subject ofthe presumption seeks to rebut the legal
presumption, the digital labour platform should be
required to assist that person, notably byproviding all relevant information held by theplatform in respect of that person. Member Statesshould provide the necessary guidance forprocedures to rebut the legal presumption.

proceedings or both by proving, on the basis of
the aforementioned definition, that therelationship in question is not an employment
relationship. The shift in the burden of proof todigital labour platforms is justified by the fact thatthey have a complete overview of all factual
elements determining the relationship, inparticular the algorithms through which they
manage their operations. Legal proceedings
andWhere a digital labour platform challenges
an administrative or judicial decision
determining the employment status of a person
performing platform work, proceeding arisingfrom such a challenge proceedings initiated by
the digital labour platforms in order to rebut thelegal presumption should not have a suspensive
effect on the application of the legal presumptionthat decision. A successful rebuttal of thepresumption in administrative proceedings should
not preclude the application of the presumption insubsequent judicial proceedings. When the person
performing platform work who is the subject ofthe presumption seeks to rebut the legal
presumption, the digital labour platform should be
required to assist the proceedings that person,
notably by providing all relevant information heldby the platform in respect of that person. Within acommon European framework, Member Statesshould provide the necessary guidance forprocedures to rebut the legal presumption andproving that a person performing platform work
is genuinely self-employed. This Directive
should include some elements indicating control
and direction that are to be taken into
consideration in the process of the rebuttal.
Those criteria should be regularly assessed by
Member States, reviewed and, where necessary,presumption applies, Member States should
ensure the possibility to rebut the legal
presumption in legal or administrative
proceedings or both by proving, on the basis of
the aforementioned definition, that therelationship in question is not an employment
relationship. The shift in the burden of proof to
Digital labour platforms is justified by the factthat they have a complete overview of all factual
elements determining the legal nature of therelationship, in particular the algorithms throughwhich they manage their operations. Legalproceedings and administrative proceedings
initiated by the digital labour platforms in orderto rebut the legal presumptionTherefore, theyshould not have a suspensive effect on theapplication of the legal presumption. A successful
rebuttal of the presumption in administrative
proceedings should not preclude the applicationof the presumption in subsequent judicial
proceedings.have the burden of proof where theyargue that the contractual relationship inquestion is not an employment relationship. In
addition, when the person performing platformwork who is the subject of the presumption seeks
to rebut the legal presumption, the digital labour
platform should be required to assist that person,
notably by providing all relevant information heldby the platform in respect of that person. Member
States should provide the necessary guidance forprocedures to rebut the legalA successful
rebuttal of the presumption in judicial oradministrative proceedings should not preclude
the application of the presumption in subsequent
judicial proceedings or appeals, in accordancewith national procedural law.

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complemented, in consultation with the social
partners.

38a(28a) Member States should have enforcement
provisions which ensure the use of favourable
presumptions in cases of misclassification of
persons performing platform work whenreclassifying them, including, where relevant, a
presumption that the platform worker has an
open-ended employment relationship, that there
is no probationary period and that the platformworker has a full-time position in theundertaking.

Recital 28a38b(28a) While the legal presumption should apply
in proceedings initiated by a person performing
platform work where the employment status is atstake, Member States might grant competent
national administrative authorities in charge ofverifying compliance with or enforcing relevant
legislation, such as labour inspectorates, a
discretion not to apply that presumption, if they
act on their own initiative and if it is manifest
that the person performing platform work is nota worker as defined by the law, collective
agreements or practice in force in the Member
State in question, with consideration to the caselaw of the Court of Justice. A nationalframework to reduce litigation and increase
legal certainty is important.

Recital 28b
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38c

EP Mandate

Council Mandate(28b) Member States should be able to providethat judicial or administrative proceedings
initiated by the digital labour platforms in orderto challenge the decision of a judicial oradministrative authority taken on the basis of theapplication of the legal presumption do not havea suspensive effect on the relevant decision.

Recital 28c

38d(28c) In the interest of legal certainty, the legal
presumption should not have any retroactive
legal effects before the transposition date of thisDirective and should therefore only apply to theperiod starting from that date, including forcontractual relationships entered into before andstill ongoing on that date. Claims relating to thepossible existence of an employment relationshipbefore that date and resulting rights andobligations until that date should therefore beassessed only on the basis of national law andUnion law predating this Directive.

Recital 28d38e(28d) Effective implementation of the legal
presumption through appropriate measures,such as disseminating information to the public,
developing guidance and providing for effective
controls and inspections is essential to ensure
legal certainty and transparency for all parties
involved. These measures should avoid
reclassification of genuine self-employed, take
into account the specific situation of start-ups to
support the entrepreneurial potential and the

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conditions for the sustainable growth of digitallabour platforms in the Union.

Recital 2939(29) While Regulation (EU) 2016/679 establishes
the general framework for the protection ofnatural persons with regard to the processing of
personal data, it is necessary to lay down rules
addressing the concerns that are specific in theprocessing of personal data in the context of
platform work. This Directive provides for more
specific rules in the context of platform work,
including to ensure the protection of the rights
and freedoms in respect of the processing of
employees' personal data within the meaning of
Article 88 of Regulation (EU) 2016/679. In thiscontext, terms relating to the protection of
personal data in this Directive should beunderstood in light of the definitions set out inRegulation (EU) 2016/679.

(29) While Regulation (EU) 2016/679 establishes
the general framework for the protection ofnatural persons with regard to the processing of
personal data, it is necessary to lay down rules
addressing the concerns that are specific in theprocessing of personal data in the context of
platform work. This Directive provides for more
specific rules in the context of platform work,
including to ensure the protection of the rights
and freedoms in respect of the processing of
employees' personal data within the meaning of
Article 88 of Regulation (EU) 2016/679. In thiscontext, terms relating to the protection of
personal data in this Directive should beunderstood in light of the definitions set out inRegulation (EU) 2016/679.

(29) In the context of platform work, persons
performing platform work are often subject todecisions taken through or with the support ofautomated monitoring or decision-making
systems. Consent of persons performing
platform work to the processing of personal data
is not always freely given, as persons performing
platform work not systematically have a genuine
free choice or are able to refuse or withdraw
consent without detriment concerning theircontractual relationship, despite such consent
not being necessary to perform platform work,and there is an imbalance between the person
performing platform work and the digital labour
platform running the automated monitoring or
decision-making systems. While Regulation (EU)2016/679 establishes the general framework forthe protection of natural persons with regard to
the processing of personal data, it is necessary to
lay down specific rules addressing the concernsthat are specific inrelated to the processing of
personal data by use of automated monitoring or
decision-making systems in the context of
platform work. This Directive provides for more
specific rules in the context ofIn particular,
digital labour platforms should not process any
personal data on the emotional or psychologicalstate of the person performing platform work,
including to ensure the protection of the rights
and freedoms in respect of the processing of
employees'process any personal data in relation
to their private conversations, and should not

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collect any personal data within the meaning of
Article 88 of Regulation (EU) 2016/679while theperson performing platform work is not offeringor performing platform work. In this context,
terms relating to the protection of personal data inthis Directive should be understood in light of thedefinitions set out in Regulation (EU) 2016/679.

Recital 3040(30) In addition to rights and obligations
provided in this Directive, rights and obligations
provided in Regulation (EU) 2016/679 continue
to apply when personal data are processed.
Articles 13, 14 and 15 of Regulation (EU)2016/679 require data controllers to ensuretransparency towards data subjects on thecollection and processing of personal data.
Moreover, Article 22(1) of Regulation (EU)2016/679 provides for the data subjects’ right not
to be subject to a decision based solely on
automated processing, including profiling, which
produces legal effects concerning him or her orsimilarly significantly affects him or her, subject
to the exceptions provided for in paragraph 2 ofthat article. Those obligations apply also to digitallabour platforms.

(30) In addition to rights and obligations
provided in this Directive, rights and obligations
provided in Regulation (EU) 2016/679 continue
to apply when personal data are processed. Article
9 of Regulation (EU) 2016/679 provides for
specific rules for the processing of special
categories of personal data. Considering the
intrusive nature of the processing of biometricdata, especially in a work relationship, biometricidentification should never be mandatory.
Employers should always guarantee lessintrusive ways to achieve the intended purpose ofidentification. Persons performing platformwork should always be offered an easily
accessible, freely available and effective
alternative way of identifying themselves, suchas with identity, travel or other documents or inperson verification and they should not be
offered any incentives to use the biometricidentification mechanism nor suffer from any
type of adverse consequence. Articles 13, 14 and
15 of Regulation (EU) 2016/679 require data
controllers to ensure transparency towards data
subjects on the collection and processing of
personal data. Articles 16 to 21 of Regulation(EU) 2016/679 introduce rights to rectification,
to erasure, to the restriction of processing ofdeleted

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data, to data portability and to objecting to theprocessing of personal data. Moreover, Article
22(1) of Regulation (EU) 2016/679 provides forthe data subjects’ right not to be subject to adecision based solely on automated processing,including profiling, which produces legal effects
concerning him or her or similarly significantly
affects him or her, subject to the exceptions
provided for in paragraph 2 of that article.
Therefore, algorithmic management that entails
automated decision-making that has significant
effects on individuals without input from humanmanagers is unlawful under Union law. Article
22(3) of Regulation (EU) 2016/679 mandates thedata controller to implement suitable measures
to safeguard the data subject's rights andfreedoms and legitimate interests, at least theright to obtain human intervention on the part ofthe controller, to express his or her point of viewand to contest the decision. Those rights andobligations apply also to digital labour platforms
as well as to persons performing platform work.

40a(30a) The use of algorithmic scheduling systems
heightens the use of precarious, short shifts andunstable and unpredictable schedules1.
Algorithmic direction, evaluation, and discipline
intensify work effort by increasing monitoring,raising the pace required from workers,
minimising gaps in workflow, and extending
work activity beyond the conventional workplace
and working hours. The use of non-transparent
algorithms to make managerial decisions creates
feelings of insecurity among workers and maylead to unfair treatment and the denial of

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procedural due process at work. The limited
learning at work and influence over tasks due tothe use of non-transparent algorithms, work
intensification and insecurity highlighted above
is likely to increase workforce stress and anxiety
and be harmful to wellbeing and health as wellas to human dignity and other fundamental
rights.
_________
1. Algorithmic Management. Consequences for Work
Organisation and Working Conditions, Joint ResearchCentre, European Commission (Seville, Spain).

Recital 31(31) This Directive is without prejudice to
Articles 13, 14, 15 and 22 of Regulation (EU)2016/679, except for Articles 13(2)(f), 14(2)(g)and 15(1)(h) thereof, in relation to which Article 6of this Directive provides for more specific rulesin the context of platform work, including toensure the protection of the rights and freedoms in
respect of the processing of employees' personal
data within the meaning of Article 88 ofRegulation (EU) 2016/679.
41(31) This Directive is without prejudice to
Articles 13, 14, 15 and 22 of Regulation (EU)2016/679, except for Articles 13(2)(f), 14(2)(g)and 15(1)(h) thereof, in relation to which Article 6of this Directive provides for more specific rulesin the context of platform work, including toensure the protection of the rights and freedoms in
respect of the processing of employees' personal
data within the meaning of Article 88 ofRegulation (EU) 2016/679, which allows more
specific rules to ensure the protection of therights and freedoms in respect of the processingof employees' personal data in the employment
context, in particular for the purposes of therecruitment, the performance of the contract of
employment, including discharge of obligations
laid down by law or by collective agreements,
management, planning and organisation ofwork, equality, including gender equality, anddiversity in the workplace, health and safety atwork, protection of employer's or customer's
property and for the purposes of the exercise anddeleted

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enjoyment, on an individual or collective basis,of rights and benefits related to employment, andfor the purpose of the termination of theemployment relationship. Article 88 ofRegulation (EU) 2016/679 allows more specificrules in the context of employment. This
Directive establishes specific measures in thecontext of platform work to safeguard humandignity, legitimate interests and fundamental
rights of persons performing platform work, withparticular regard to the transparency ofprocessing, the transfer of personal data withina group of undertakings, or a group ofenterprises engaged in a joint economic activity
and monitoring systems at the work place. In
order to ensure the balance of power in thetransparency of algorithms as well as in theemployment relationships, the worker’s
informed consent is not to replace theundertakings’ obligations with regard to dataprotection as provided for in this Directive.
Recital 3242(32) Digital labour platforms should be subject totransparency obligations in relation to automatedmonitoring and decision-making systems that areused to monitor, supervise or evaluate the work
performance through electronic means; andautomated decision-making systems which areused to take or support decisions that significantly
affect working conditions, including access of
persons performing platform work to work
assignments, their earnings, their occupationalsafety and health, their working time, theirpromotion and their contractual status, including
the restriction, suspension or termination of their(32) Digital labour platforms should be subject totransparency obligations in relation to automatedmonitoring and decision-making systems that areused to monitor, supervise or evaluate the work
performance through electronic means or tomonitor the persons performing platform work
themselves; and automated decision-making
systems which are used to take or support
decisions that significantly affect working
conditions, including access of persons
performing platform work to work assignments,
their earnings, their occupational safety andhealth, their working time, their promotion, their(32) Without affecting the rights and obligations
stemming from Regulation (EU) 2016/679, thisDirective provides for additional safeguards
concerning the use of automated monitoring or
decision-making systems in the context of
platform work. Digital labour platforms should be
subject to transparency obligations in relation toautomated monitoring andor decision-making
systems that are used to monitorcollect data,
supervise or evaluate the work performancethrough electronic means; and automateddecision-making systems which are used to takeor support decisions that significantly affectProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work (Text with EEA relevance) 2021/0414(COD) 15-06-2023 at 17h52 46/2

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Council Mandateaccount. In addition to what is provided inRegulation (EU) 2016/679, information
concerning such systems should also be provided
where decisions are not solely based on
automated processing, provided that they aresupported by automated systems. It should also be
specified which kind of information should be
provided to persons performing platform work
regarding such automated systems, as well as inwhich form and when it should be provided. The
obligation of the controller under Articles 13, 14
and 15 of Regulation (EU) 2016/679 to provide
the data subject with certain information in
relation to the processing of personal data
concerning the data subject as well as with accessto such data should continue to apply in thecontext of platform work. Information on
automated monitoring and decision-making
systems should also be provided torepresentatives of persons performing platformwork and to national labour authorities at theirrequest, in order to enable them to exercise theirfunctions.

social protection entitlements and theircontractual status, including the restriction,suspension or termination of their account. In
addition to what is provided in Regulation (EU)2016/679, information and consultation
concerning such systems should also be provided
where decisions are not solely based on
automated processing, provided that they aresupported by automated systems. It should also be
specified which kind of information should be
provided to persons performing platform work
regarding such automated systems, as well as inwhich form and when it should be provided. The
obligation of the controller under Articles 13, 14
and 15 of Regulation (EU) 2016/679 to provide
the data subject with certain information in
relation to the processing of personal data
concerning the data subject as well as with accessto such data should continue to apply in thecontext of platform work. Information on
automated monitoring and decision-making
systems should also be provided torepresentatives of persons performing platformwork and to national labour authorities and thecompetent supervisory authorities at theirrequest, in order to enable them to exercise theirfunctions as well as to competent authorities attheir request. Individual platform workers
should receive that information in a concise,
simple and understandable form, in so far as thesystems and their features directly affect themand their working conditions, so they are
effectively informed. As more detailed
information is necessary for full transparency,
for effective consultation and negotiation
between the parties and for enforcement, digitallabour platforms should also provide a detailed

persons performing platform work working
conditions, including access of persons
performing platform worktheir access to work
assignments, their earnings, their occupationalsafety and health, their working time, theirpromotion and their contractual status, including
the restriction, suspension or termination of theiraccount. In addition to what is provided inRegulation (EU) 2016/679, information
concerning such systems should also be provided
where decisions are not solely based on
automated processing, provided that they aresupported by automated systems. It should also be
specified which kind of information should be
provided to persons performing platform work
regarding such automated systems, as well as inwhich form and when it should be provided. The
obligation of the controller under Articles 13, 14
and 15 of Regulation (EU) 2016/679 to provide
the data subject with certain information in
relation to the processing of personal data
concerning the data subject as well as with accessto such data should continue to apply in thecontext of platform work. Information on
automated monitoring andor decision-making
systems should also be provided torepresentatives of persons performing platformworkworkers and to national labour authorities attheir request, in order to enable them to exercise
their functions.

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and robust report containing those information
for platform workers, their representatives andthe competent authorities.

42a

42b

(32a) Certain decisions, such as those having an
impact on health and safety and on thecontractual relationship or introducing changes
to the employment relations, as well as decisions
to apply disciplinary measures, or restricting,suspending or terminating the contractual
relationship and the person performing platform
work’s account, or any decision of equivalentdetriment, should always be taken by humans,
not by automated systems. Considering theimpact on workers of such decisions, including
their livelihood and fundamental rights,
including social rights, there should always be ahuman responsible for those decisions.

(32b) Some types of processing of data in digitallabour platforms may result in a high risk to therights and freedoms of the workers. Article 35 ofRegulation (EU) 2016/679 establishes that thecontroller is to, prior to the processing, carry out
an assessment of the impact of the envisaged
processing operations on the protection of
personal data. It also provides that thecontroller, where appropriate, is to seek theviews of data subjects or their representatives on
the intended processing, without prejudice toinformation transmitted on a confidential basis.
That consultation should be carried out in an

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appropriate manner and with appropriate
content to enable, in particular, workers'
representatives to conduct an adequate study
and, where necessary, prepare for the
consultation. Before each deployment of an
automated monitoring system or a system to takeor assist in decision-making and before anychanges affecting working conditions, theorganisation of work or monitoring work
performance, digital labour platforms should
perform an impact assessment of the system’s
impact on data protection.
Recital 33(33) Digital labour platforms should not be
required to disclose the detailed functioning of
their automated monitoring and decision-making
systems, including algorithms, or other detailed
data that contains commercial secrets or isprotected by intellectual property rights.
However, the result of those considerations
should not be a refusal to provide all theinformation required by this Directive.
43(33) Digital labour platforms should not be
required to disclose the detailed functioning of
their automated monitoring and decision-making
systems, including algorithms, or other detailed
data that contains commercial secrets or isprotected by intellectual property rights.
However, the result of those considerationswhich
may affect the rights covered by this Directive.
Information transmitted as confidential to therepresentatives of persons performing platformwork and any experts who assist them should not
be justify a refusal to provide all the information
required by this Directive. Member states should
determine a list of objective criteria to determine
the confidential nature of that information that
representatives of persons performing platformwork and any experts are not authorised toreveal, as expressly provided to them in
confidence.

(33) Digital labour platformsThis information
obligation should not be requiredrequire digitallabour platforms, to disclose the detailed
functioning of their automated monitoring andordecision-making systems, including algorithms,
or other detailed data that contains commercial
secrets or is protected by intellectual property
rights. However, the result of those considerations
should not be a refusal to provide all theinformation required by this Directive.

Recital 34
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44

44a

Commission Proposal

EP Mandate(34) Articles 5 and 6 of Regulation (EU)2016/679 require that personal data are processedin a lawful, fair and transparent manner. Digitallabour platforms should therefore not be allowed
to process any personal data concerning persons
performing platform work that are not
intrinsically connected to and strictly necessary
for the performance of the contract between those
persons and the digital labour platform. Article
6(5) of this Directive provides for more specificrules in the context of platform work, including toensure the protection of the rights and freedoms in
respect of the processing of employees' personal
data within the meaning of Article 88 ofRegulation (EU) 2016/679.

(34) Articles 5 and 6 of Regulation (EU)2016/679 require that personal data are processedin a lawful, fair and transparent manner. Digitallabour platforms should therefore not be allowed
to process any personal data concerning persons
performing platform work that are not
intrinsically connected to and strictly necessary
for the performance of the contract between those
persons and the digital labour platform. Article
6(5) of this Directive provides for more specificrules in the context of platform work, including toensure the protection of the rights and freedoms in
respect of the processing of employees' personal
data within the meaning of Article 88 ofRegulation (EU) 2016/679.

Council Mandate

deleted(34a) Digital labour platforms should under nocircumstances provide for discriminatory
practices when processing personal data. Digitallabour platforms should ensure workers andworkers’ representatives tools to facilitate
effective, machine-readable data portability thatis free of charge in order to exercise their rights
under this Directive and under Regulation (EU)2016/679, in particular the rights under Chapter
3 of that Regulation. Persons performing
platform work should have the right both totransfer data and not to transfer data as it could
endanger them, for example in relation to
reputational data.

Recital 35
45
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Council Mandate(35) Digital labour platforms make extensive useof automated monitoring and decision-making
systems in managing their human resources.
Monitoring by electronic means can be intrusiveand decisions taken or supported by such systems
directly affect the persons performing platform
work, who might not have a direct contact with ahuman manager or supervisor. Digital labour
platforms should therefore regularly monitor andevaluate the impact of individual decisions taken
or supported by automated monitoring anddecision-making systems on working conditions.
Digital labour platforms should ensure sufficienthuman resources for this purpose. The persons
charged by the digital labour platform with thefunction of monitoring should have the necessarycompetence, training and authority to exercisethat function and should be protected fromdismissal, disciplinary measures or other adverse
treatment for overriding automated decisions orsuggestions for decisions. In addition to
obligations under Article 22 of Regulation (EU)2016/679, Article 7(1) and (3) of this Directive
provides for distinct obligations of digital labour
platforms in relation to human monitoring of the
impact of individual decisions taken or supported
by automated systems, which apply as specificrules in the context of platform work, including toensure the protection of the rights and freedoms in
respect of the processing of employees' personal
data within the meaning of Article 88 ofRegulation (EU) 2016/679.

(35) Digital labour platforms make extensive useof automated monitoring and decision-making
systems in managing their human resources.
Monitoring by electronic means can be intrusiveand decisions taken or supported by such systems
directly affect the persons performing platform
work, who might not have a direct contact with ahuman manager or supervisor. Digital labour
platforms should therefore ensure humanoversight regularly monitor and evaluate together
with the workers’ representatives the impact ofindividual decisions taken or supported byautomated monitoring and decision-making
systems on working conditions and on
fundamental rights and freedoms of workers,
including their human dignity and health andsafety. Digital labour platforms should ensuresufficient human resources for this purpose. The
persons charged by the digital labour platform
with the function of monitoring overseeing
should have the necessary competence, training
and authority to exercise that function and should
be protected from dismissal, disciplinary
measures or other adverse treatment foroverriding automated decisions or suggestions for
decisions. In addition to obligations under Article
22 of Regulation (EU) 2016/679, Article 7(1) and(3) of this Directive provides for distinct
obligations of digital labour platforms in relation
to human monitoring of the impact of individual
decisions taken or supported by automatedsystems, which apply as specific rules in thecontext of platform work, including to ensure theprotection of the rights and freedoms in respect ofthe processing of employees' personal data within
the meaning of Article 88 of Regulation (EU)2016/679.

(35) Digital labour platforms make extensive useof automated monitoring andor decision-making
systems in managing their humanresourcespersons performing platform work.
Monitoring by electronic means can be intrusiveand decisions taken or supported by such systems,
such as those related to the offer of assignmentof tasks, the earnings, their safety and health,their working time, their access to training, theirpromotion or status within the organisation andcontractual status, directly affect the persons
performing platform work, who might not have a
direct contact with a human manager orsupervisor. Digital labour platforms should
therefore regularly monitor and regularly
evaluate the impact of individual decisions taken
or supported by automated monitoring andordecision-making systems on working conditions.
Digital labour platforms should ensure sufficienthuman resources for this purpose. The persons
charged by the digital labour platform with thefunction of monitoring should have the necessarycompetence, training and authority to exercisethat function and in particular the right to cancel
automated decisions. They should be protectedfrom dismissal, disciplinary measures or otheradverse treatment for overriding automateddecisions or suggestions for decisionsexercising
their functions. In addition to obligations under
Article 22 of Regulation (EU) 2016/679, Article
7(1) and (3) of this Directive provides for distinct
obligations of digital labour platforms in relation
to human monitoring of the impact of individual
decisions taken or supported by automatedsystems, which apply as specific rules in thecontext of platform work, including to ensure theprotection of the rights and freedoms in respect of

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the processing of employees' personal data within
the meaning of Article 88 of Regulation (EU)2016/679.

Recital 36

46

46a

(36) Article 22(3) of Regulation (EU) 2016/679
requires data controllers to implement suitablemeasures to safeguard data subjects’ rights andfreedoms and legitimate interests in cases where
the latter are subject to decisions based solely on
automated processing. That provision requires, asa minimum, the data subject’s right to obtainhuman intervention on the part of the controller,
to express his or her point of view and to contest
the decision. Those requirements apply also to
digital labour platforms. Article 8 of thisDirective provides for more specific rules in thecontext of platform work, including to ensure theprotection of the rights and freedoms in respect ofthe processing of employees' personal data within
the meaning of Article 88 of Regulation (EU)2016/679.

(36) Article 22(3) of Regulation (EU) 2016/679
requires data controllers to implement suitablemeasures to safeguard data subjects’ rights andfreedoms and legitimate interests in cases where
the latter are subject to decisions based solely on
automated processing. That provision requires, asa minimum, the data subject’s right to obtainhuman intervention on the part of the controller,
to express his or her point of view and to contest
the decision. Those requirements apply also to
digital labour platforms. Article 8 of thisDirective provides for more specific rules in thecontext of platform work, including to ensure theprotection of the rights and freedoms in respect ofthe processing of employees' personal data within
the meaning of Article 88 of Regulation (EU)2016/679.

(36) Article 22(3) of Regulation (EU) 2016/679
requires data controllers to implement suitablemeasures to safeguard data subjects’ rights andfreedoms and legitimate interests in cases where
the latter are subject to decisions based solely on
automated processing. That provision requires, asa minimum, the data subject’s right to obtainhuman intervention on the part of the controller,
to express his or her point of view and to contest
the decision. Those requirements apply also to
digital labour platforms. Article 8 of thisDirective provides for more specific rules in thecontext of platform work, including to ensure theprotection of the rights and freedoms in respect ofthe processing of employees' personal data within
the meaning of Article 88 of Regulation (EU)2016/679.

(36a) The persons in charge of reviewing
decisions significantly affecting working
conditions should be involved in checking thesystem’s recommendation and should not
routinely apply the automated recommendation
to an individual. The involvement of reviewers
should be active and not only a token gesture.
They should have actual concrete influence on
the decision, including the authority andcompetence to reject, revoke and replace it.

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Reviewers should weigh-up and interpret therecommendation, consider all available input
data, and also take into account other additional
factors in order to safeguard the rights ofpersons performing platform work as well as
their health and safety.
Recital 3747(37) In that context, persons performing platformwork should have the right to obtain an
explanation from the digital labour platform for adecision, the lack of decision or a set of decisions
taken or supported by automated systems thatsignificantly affect their working conditions. For
that purpose the digital labour platform should
provide the possibility for them to discuss andclarify the facts, circumstances and reasons forsuch decisions with a human contact person at thedigital labour platform. In addition, digital labour
platforms should provide the person performing
platform work with a written statement of reasonsfor any decision to restrict, suspend or terminatethat person’s account, to refuse the remuneration
for work performed by that person, or affecting
his or her contractual status, as such decisions arelikely to have significant negative effects on
persons performing platform work, in particular
their potential earnings. Where the explanation orreasons obtained are not satisfactory or where
persons performing platform work consider theirrights infringed, they should also have the right torequest the digital labour platform to review thedecision and to obtain a substantiated reply withina reasonable period of time. Where such decisions
infringe those persons’ rights, such as labour
rights or the right to non-discrimination, the(37) In that context, persons performing platformwork should have the right to obtain a humanreview and an explanation from the digital labour
platform for a decision, the lack of decision or aset of decisions taken or supported by automatedsystems that significantly affect their working
conditions at the earliest opportunity and at thelatest on the day on which such decisions takeeffect. For that purpose the digital labour platform
should provide the possibility for them to discussand clarify the facts, circumstances and reasonsfor such decisions with a human contact person at
the digital labour platform. In addition, digitallabour platforms should provide the person
performing platform work with a written
statement of reasons for any decision to restrict
access to work assignments, to restrict, suspendor terminate that person’s account, to reject workand to refuse the remuneration for work
performed by that person, or affecting his or her
contractual status at the earliest opportunity andat the latest on the day on which such decisions
take effect, as such decisions are likely to havesignificant negative effects on persons performing
platform work, in particular their potential
earnings. The written statement can be provided
and transmitted on paper or in electronic form,
provided that it is accessible to the person(37) This Directive provides for rules in addition
to Regulation 2016/679 in theIn that context, ofalgorithmic management in platform work.
Persons performing platform work should havethe right to obtain an explanation from the digitallabour platform for a decision, the lack ofdecision or a set of decisions taken or supported
by automated systems that significantly affecttheir working conditionsthem. For that purposethe digital labour platform should provide thepossibility for them to discuss and clarify thefacts, circumstances and reasons for suchdecisions with a human contact person at thedigital labour platform. In addition, if a digitallabour platforms should provide the platform
restricts, suspends or terminates the account of aperson performing platform work, refuses the
remuneration for work performed by that
person, or affects his or her contractual status,
the digital labour platform should provide theperson performing platform work with a written
statement of reasons for that decision. with awritten statement of reasons for any decision to
restrict, suspend or terminate that person’s
account, to refuse the remuneration for work
performed by that person, or affecting his or her
contractual status, as such decisions are likely tohave particularly significant negative effects on

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digital labour platform should rectify suchdecisions without delay or, where that is notpossible, provide adequate compensation.

performing platform work, that it can be stored
and printed, and that the platform retains proofof transmission or receipt. Where the explanation
or reasons obtained are not satisfactory or where
persons performing platform work consider they
have been discriminated against or have had
their rights infringed, they should also have theright to request the digital labour platform toreview the decision and to obtain a substantiatedreply without undue delay and in any event
within two weeks of receipt of the request, or
one month in the case of micro, small or
medium enterprises a reasonable period of time.
Where such decisions infringe those persons’rights, such as fundamental rights and freedoms,
labour rights or the right to non-discrimination,
the digital labour platform should rectify suchdecisions without delay or, where that is notpossible, provide adequate compensation.

persons performing platform work, in particular
their potential earnings. Where the explanation orreasons obtained are not satisfactory or where
persons performing platform work consider theirrights infringed by any decision that significantly
affects them, they should also have the right torequest the digital labour platform to review thedecision and to obtain a substantiated reply withina reasonable period of timewithout undue delay.
Where such decisions infringe those persons’rights, such as labour rights or, the right to nondiscrimination or to the protection of theirpersonal data, the digital labour platform should
rectify such decisions without undue delay or,
where that is not possible, provide adequate
compensationcompensation for the damage
sustained, and take the necessary steps to avoid
similar decisions in the future.

(38) Council Directive 89/391/EEC1 introduces
measures to encourage improvements in thesafety and health of workers at work, including
the obligation for employers to assess theoccupational health and safety risks. As
automated monitoring and decision-making
systems potentially have significant impact on thephysical and mental health of persons performing
platform work, digital labour platforms should
evaluate those risks, assess whether thesafeguards of the systems are appropriate toaddress those risks and take appropriate
preventive and protective measures.
_________(38) Council Directive 89/391/EEC1 introduces
measures to encourage improvements in thesafety and health of workers at work, including
the obligation for employers to assess theoccupational health and safety risks. As
automated monitoring and decision-making
systems potentially have significant impact onworkers' safety and on the physical and mental
health of persons performing platform work,
digital labour platforms should avoid those risks,
evaluate thoseand combat the risks that cannot
be avoided, combat the risks at source, assess
whether the safeguards of the systems areappropriate to address those risks and takeappropriate preventive protective and corrective(38) Council Directive 89/391/EEC1 introduces
measures to encourage improvements in thesafety and health of workers at work, including
the obligation for employers to minimise risks
and to assess the occupational health and safety
risks. As automated monitoring andor decisionmaking systems potentially can have significant
impact on the physical and mental health of
persons performing platform workworkers, digitallabour platforms should evaluate those risks,assess whether the safeguards of the systems areappropriate to address those risks and takeappropriate preventive and protective measures.
They should avoid that the use of such systems
results in undue pressure on workers or puts

Recital 38

48

1. Council Directive 89/391/EEC of 12 June 1989 on the

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introduction of measures to encourage improvements in thesafety and health of workers at work (OJ L 183, 29.6.1989, p.
1).

and protective measures. Particularly relevant inthis context is the employer’s obligation to adapt
the work to the individual, especially as regards
the design of work places, the choice of work
equipment and the choice of working andproduction methods, with a view, in particular,
to alleviating monotonous work and work at apredetermined work-rate and to reducing theirconsequences on health. This Directive requires
employers to consult workers and workers’
representatives and to allow them to take part indiscussions on all questions relating to safety
and health at work. In particular, the planningand introduction of new technologies should be
subject to consultation with the workers andworkers’ representatives, as regards theconsequences of the choice of equipment, theworking conditions and the working
environment on the worker's safety and health.
This presupposes the consultation of workers,
the right of workers and workers’
representatives to make proposals and abalanced participation in accordance with thisDirective as well as in accordance with nationallaw and practice. In addition, the employer
should ensure that each worker receives
adequate safety and health training, inparticular in the form of information andinstructions specific to his or her workstation orjob in the event of the introduction of any newtechnology.
_________

their health at risk. In order to strengthen theeffectiveness of these provisions, the digitallabour platform should make their risk
evaluation and the assessment of the mitigating
measures available to platform workers, theirrepresentatives and the competent authorities.
_________
1. Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in thesafety and health of workers at work (OJ L 183, 29.6.1989, p.
1).

1. Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in thesafety and health of workers at work (OJ L 183, 29.6.1989, p.
1).

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48a

48b

EP Mandate

Council Mandate(38a) At least yearly, the digital labour
platforms should perform an assessment of the
impact of individual decisions taken or
supported by automated monitoring anddecision-making systems on working conditions,health and safety and fundamental rights andinclude measures to combat any impact on
fundamental rights and health and safety,
including mental health. Where the possible
impacts on fundamental rights, health andsafety, including mental health, cannot be
mitigated, the systems should not be put into use.

(38b) Platform work, in particular online
platform work, poses a range of both preexisting and new occupational safety and healthrisks, both physical and psychosocial. Moreover,people working through platforms are exposed
to particular health and safety risks. They
usually receive little or no training and have low
prospects of career advancement1. Digital labour
platforms should not use automated monitoringand decision-making systems in any manner thatputs undue pressure on persons performing
platform work or otherwise puts at risk thephysical and mental health of platform workers
for example through the use of incentives, suchas exceptional bonuses, or punitive practices,such as ratings that have an impact on working
time and lead to the assignment of less work.
They should ensure that automated monitoringand decision-making systems avoid any potential
discriminatory decisions issued on the basis ofexisting biases or practices.

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Council Mandate_________
1. Protecting Workers in EU Platform Economy, EU OSHA
2017, p. 28.

Recital 3949(39) Directive 2002/14/EC of the European
Parliament and of the Council1 establishes ageneral framework for informing and consulting
employees in the Union. The introduction of or
substantial changes in the use of automatedmonitoring and decision-making systems bydigital labour platforms have direct impacts on thework organisation and individual working
conditions of platform workers. Additional
measures are necessary to ensure that digitallabour platforms inform and consult platformworkers or their representatives before suchdecisions are taken, at the appropriate level and,given the technical complexity of algorithmic
management systems, with the assistance of anexpert chosen by the platform workers or theirrepresentatives in a concerted manner where
needed.
_________
1. Directive 2002/14/EC of the European Parliament and of
the Council of 11 March 2002 establishing a generalframework for informing and consulting employees in theEuropean Community (OJ L 80, 23.3.2002, p. 29).

(39) Directive 2002/14/EC of the European
Parliament and of the Council1 establishes ageneral framework for informing and consulting
employees in the Union. The introduction of or
substantial changes in the use of automatedmonitoring and decision-making systems bydigital labour platforms have direct impacts on thework organisation and individual working
conditions of platform workers. Additional
measures are necessary to ensure that digitallabour platforms inform and consult platform
effectively consult workers' representatives ingood faith or their representatives before suchdecisions are taken, at the appropriate level and,given the technical complexity of algorithmic
management systems, in due time in order toallow effective consultation and with theassistance of an expert chosen by the platformworkers or their representatives in a concerted
manner where needed. In accordance with
Directive 2002/14/EC, those provisions aremeant to foster effective social dialogue on thesefeatures and, because automated monitoring anddecision-making systems have a direct impact on
working conditions, it should be possible tosubject them to collective bargaining.
_________(39) Directive 2002/14/EC of the European
Parliament and of the Council1 establishes ageneral framework for informing and consulting
employees in the Union.As the introduction of or
substantial changes in the use of automatedmonitoring andor decision-making systems bydigital labour platforms have direct impacts on thework organisation and individual working
conditions of platform workers, it is key to ensurethat rights and obligations on information andconsultation, and in particular those laid down
under Directive 2002/14/EC, can be directly
exercised by platform workers' representatives
and, where there are no representatives, by
platform workers. Additional measures arenecessary to ensure that digital labour platforms
inform and consult platform workers or theirrepresentatives before such decisions are taken, at
the appropriate level and, given the technicalcomplexity of algorithmic management systems,with the assistance of an expert chosen by theplatform workers or their representatives in aconcerted manner where needed. The
information and consultation measures as
contained in Directive 2002/14/EC remain
unaffected by this Directive.
_________

1. Directive 2002/14/EC of the European Parliament and of
the Council of 11 March 2002 establishing a generalframework for informing and consulting employees in theEuropean Community (OJ L 80, 23.3.2002, p. 29).

1. Directive 2002/14/EC of the European Parliament and of
the Council of 11 March 2002 establishing a generalframework for informing and consulting employees in theEuropean Community (OJ L 80, 23.3.2002, p. 29).

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Council Mandate(39a) In its 2021 Action Plan for the Social
Economy, the Commission has acknowledged
the significant economic and social role of social
economy entities as an example of participatorygoverned businesses which use digital platforms
to facilitate citizen engagement and the selling of
locally produced goods and services, aiming toachieve better working conditions for theirmembers. Cooperatives could therefore
constitute an important instrument for thebottom-up organisation of platform work andcould encourage competition between platforms.
Member States should protect and promote
cooperative undertakings and small businesses
by means that aim to safeguard employment andensure their capacity for sustainable
development and growth.

49a

Recital 4050(40) Persons who do not have an employment
relationship constitute a significant part of thepersons performing platform work. The impact ofautomated monitoring and decision-making
systems used by digital labour platforms on theirworking conditions and their earning
opportunities is similar to that on platformworkers. Therefore, the rights in Articles 6, 7 and
8 of this Directive pertaining to the protection ofnatural persons in relation to the processing of
personal data in the context of algorithmic
management, namely those regardingtransparency on automated monitoring anddecision-making systems, restrictions to process(40) Persons who do not have an employment
relationship constitute a significant part of thepersons performing platform work. The impact ofautomated monitoring and decision-making
systems used by digital labour platforms on theirworking conditions and their earning
opportunities is similar to that on platformworkers. Therefore, The rights in Articles 6, 7 and
8 of this Directive pertaining to the protection ofnatural persons in relation to the processing of
personal data in the context of algorithmic
management, namely those regardingtransparency on automated monitoring anddecision-making systems, restrictions to process(40) Persons who do not have an employment
relationship constitute a significant part of thepersons performing platform work. The impact ofautomated monitoring andor decision-making
systems used by digital labour platforms on theprotection of their working conditionspersonal
data and their earning opportunities is similar tothat on platform workers. Therefore, the rights in
Articles 6, 7 and 8 of this Directive pertaining to
the protection of natural persons in relation to theprocessing of personal data in the context ofalgorithmic management, namely those regardingtransparency on automated monitoring andordecision-making systems, restrictions to process

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or collect personal data, human monitoring andreview of significant decisions, should also apply
to persons in the Union performing platform work
who do not have an employment contract or
employment relationship. The rights pertaining tohealth and safety at work and information andconsultation of platform workers or theirrepresentatives, which are specific to workers inview of Union law, should not apply to them.
Regulation (EU) 2019/1150 provides safeguards
regarding fairness and transparency for selfemployed persons performing platform work,
provided that they are considered business users
within the meaning of that Regulation. Where
such safeguards conflict with elements of specificrights and obligations laid down in this Directive,
the specific provisions of Regulation (EU)2019/1150 should prevail in respect of business
users.

or collect personal data, human monitoring andreview of significant decisions, should also apply
to persons in the Union performing platform work
who do not have an employment contract or
employment relationship. The rights pertaining tohealth and safety at work and information andconsultation of platform workers or theirrepresentatives, which are specific to workers inview of Union law, should not apply to them.
Regulation (EU) 2019/1150 provides safeguards
regarding fairness and transparency for selfemployed persons performing platform work,
provided that they are considered business users
within the meaning of that Regulation. Where
such safeguards conflict with elements of specificrights and obligations laid down in this Directive,
the specific provisions of Regulation (EU)2019/1150 should prevail in respect of business
users.

or collect personal data, human monitoring andreview of significant decisions, should also apply
to persons in the Union performing platform work
who do not have an employment contract or
employment relationship. The rights pertaining tohealth and safety at work and information andconsultation of platform workers or theirrepresentatives, which are specific to workers inview of Union law, should not apply to them.
Regulation (EU) 2019/1150 provides safeguards
regarding fairness and transparency for selfemployed persons performing platform work,
provided that they are considered business users
within the meaning of that Regulation. Where
such safeguards conflict with elements of specificrights and obligations laid down in thisDirectiveWith regards to human review ofsignificant decisions, the specific provisions ofRegulation (EU) 2019/1150 should prevail inrespect of business users.

(41) In order to ensure that digital labour
platforms comply with labour legislation andregulations, social security contribution
obligations, social security coordination and otherrelevant rules, in particular if they are establishedin another country than the Member State inwhich the platform worker is performing work,
digital labour platforms should declare work
performed by platform workers to the competentlabour and social protection authorities of theMember State in which the work is performed, in
accordance with the rules and procedures laid
down in the law of the Member States concerned.

(41) In order to ensure that digital labour
platforms comply with labour legislation andregulations, taxation and social security
contribution obligations, social security
coordination and other relevant rules, and with aview to preventing unfair competition, inparticular if they are established in anothercountry than the Member State in which theplatform worker is performing work, digitallabour platforms should declare work performedby platform workers to the competent labour andsocial protection authorities of the Member Statein which the work is performed, in accordancewith the rules and procedures laid down in the law(41) In order to ensure that digital labour
platforms comply with labour legislation andregulations, social security contribution
obligations, social security coordination andother relevant rules, in particular if they are
established in another country than the Member
State in which the platform worker is performing
work, digital labour platforms should declare
work performed by platform workers to thecompetent labour and social protection
authorities of the Member State in which the work
is performed, in accordance with the rules andprocedures laid down in the law of the Member
States concerned. This obligation should not

Recital 41

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Council Mandateof the Member States concerned. As regards suchcross-border cases, the European Labour
Authority was established to facilitate andsupport cooperation between the competent
national authorities in the enforcement ofrelevant Union law, to ensure information toemployers and workers on their rights andobligation in the framework of labour mobility,
to coordinate the European Employment
Services network (EURES) and to foster theexchange of information between Member
States, including through promoting the use ofelectronic data exchange tools between national
authorities such as the Commission’s InternalMarket Information System, Electronic
Exchange of Social Security Information
system, and to coordinate and support concerted
or joint inspections with the aim of enforcing
relevant Union law.

replace the obligations of declaration or
notification established by other Union
instruments.

(42) Digital labour platforms should be listed in
the applicable public business register, whichshould include relevant information on all
digital labour platforms operating in the
country. Information on the number of persons
performing platform work through digital labour
platforms on a regular basis, their contractual or
employment status, copy of employment contract,
average duration of activity and average income
from activity and the general terms and conditions
applicable to those contractual relationships. Suchinformation is essential to support labour
inspectorates, social protection bodies and otherrelevant authorities in correctly determining theemployment status of persons performing(42) Information on the number of persons
performing platform work through digital labour
platforms on a regular basis,, information on
their contractual or employment status and thegeneral terms and conditions applicable to thosecontractual relationships is essential to support
labour inspectorates, social protection bodies andother relevant authorities in correctly determining
the employment status of persons performing
platform work and in ensuring compliance withlegal obligations as well as representatives of
persons performing platform workworkers in theexercise of their representative functions andshould therefore be made accessible to them.
Those authorities and representatives should also

Recital 4252(42) Information on the number of persons
performing platform work through digital labour
platforms on a regular basis, their contractual or
employment status and the general terms andconditions applicable to those contractual
relationships is essential to support labour
inspectorates, social protection bodies and otherrelevant authorities in correctly determining theemployment status of persons performing
platform work and in ensuring compliance withlegal obligations as well as representatives of
persons performing platform work in the exerciseof their representative functions and should
therefore be made accessible to them. Thoseauthorities and representatives should also have

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the right to ask digital labour platforms for
additional clarifications and details, such as basic
data on working conditions regarding working
time and remuneration.

platform work and in ensuring compliance withlegal obligations as well as representatives of
persons performing platform work, including
trade unions, in the exercise of theirrepresentative functions and should therefore be
made accessible to them. Those authorities andrepresentatives should also have the right to ask
digital labour platforms for additional
clarifications and details, such as basic data on
working conditions regarding working time andremuneration. The European Foundation for the
improvement of living and working conditions(Eurofound) and the European Labour
Authority should, according to their respective
prerogatives and mandates, support thecollection and sharing of those data for the
purpose of developing appropriate risk
assessment tools.

have the right to ask digital labour platforms for
additional clarifications and details, such as basic
data on working conditions regarding working
time and remunerationthe information provided.

(42a) Experience shows that when national law
has introduced the presumption of an
employment relationship for digital labour
platforms, the use of subcontracting chains has
been used as a way of circumventing theapplication of labour law to platform workers1.
The use of undeclared work in delivery
platforms has also been evidenced in several
Member States. This practice is carried out
through rented identities: platform workers or
people with the right to work who register in theplatform rent their accounts mainly to
undocumented migrants and to minors2. Inorder to prevent undeclared work as well as themisuse of subcontracting as a mean by which tocircumvent this Directive, Member States should

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introduce legal provisions on subcontractingthat provide for joint and several liability andeffective access to redress across subcontracting
chains, ensuring that the contractors in a
subcontracting chain may be held liable to pay
wages, social security contributions andfinancial penalties in addition to or in place ofthe direct employer. In specific cases involving
illegally staying third country nationals, all thecontractors involved in the subcontracting chain
may be liable of criminal offences as provided
for in Directive 2009/52/EC of the European
Parliament and of the Council3. Member Statesshould ensure that undocumented migrants canhave access to justice without fearing any
retaliation or risk of deportation, also inaccordance with Directive 2009/52/EC. In order
to combat undeclared platform work, digitallabour platforms should ensure reliableverification processes of platform workers’
identity.
_________
1. EU-OSHA, "Spain: the ‘riders’ law’, new regulation on
digital platform work", 16.02.2022.
2. EESC, "The definition of worker in the platform
economy: Exploring workers’ risks and regulatory
solutions", 13.09.2021; European Platform tackling
undeclared work (ELA WG), "Thematic review workshop:
Undeclared work in the collaborative economy", 1920.05.2021.
3. [3]
Directive 2009/52/EC of the European
Parliament and of the Council of 18 June 2009 providing
for minimum standards on sanctions and measures against
employers of illegally staying third-country nationals (OJ L
168, 30.6.2009, p. 24).

Recital 4353(43) An extensive system of enforcement(43) An extensive system of enforcement(43) An extensive system of enforcement

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provisions for the social acquis in the Union has
been developed, elements of which should beapplied to this Directive in order to ensure that
persons performing platform work have access toeffective and impartial dispute resolution and aright to redress, including adequate compensation.
Specifically, having regard to the fundamental
nature of the right to effective legal protection,
persons performing platform work should
continue to enjoy such protection even after theend of the employment or other contractual
relationship giving rise to an alleged breach ofrights under this Directive.

provisions for the social acquis in the Union has
been developed, elements of which should beapplied to this Directive in order to ensure that
persons performing platform work have access toappropriate, timely, effective and impartial
dispute resolution and a right to redress, including
adequate compensation. Access to such dispute
resolution and right to redress should be free ofcharge at least for persons who do not havesufficient means. Specifically, having regard to
the fundamental nature of the right to effective
legal protection, persons performing platformwork should continue to enjoy such protection
even after the end of the employment or othercontractual relationship giving rise to an alleged
breach of rights under this Directive.

provisions for the social acquis in the Union has
been developed, elements of which should beapplied to this Directive in order to ensure that
persons performing platform work have access toeffective and impartial dispute resolution and aright to redress, including adequate
compensationcompensation for the damage
sustained. Specifically, having regard to thefundamental nature of the right to effective legal
protection, persons performing platform work
should continue to enjoy such protection evenafter the end of the employment or othercontractual relationship giving rise to an alleged
breach of rights under this Directive.

(44) Representatives of persons performing
platform work should be able to represent one orseveral persons performing platform work in any
judicial or administrative procedure to enforce
any of the rights or obligations arising from thisDirective. Bringing claims on behalf of or
supporting several persons performing platformwork is a way to facilitate proceedings that would
not have been brought otherwise because ofprocedural and financial barriers or a fear of
reprisals.

(44) Representatives of persons performing
platform work, including trade unions, should be
able to represent one or several persons
performing platform work in any judicial oradministrative procedure to enforce any of therights or obligations arising from this Directive.
Bringing claims on behalf of or supporting several
persons performing platform work is a way tofacilitate proceedings that would not have beenbrought otherwise because of procedural andfinancial barriers or a fear of reprisals.

(44) Representatives of persons performing
platform work should be able, in accordance withnational law and practice, to represent one orseveral persons performing platform work in any
judicial or administrative procedureproceedings
to enforce any of the rights or obligations arisingfrom this Directive. Bringing claims on behalf ofor supporting several persons performing platformwork is a way to facilitate proceedings that would
not have been brought otherwise because ofprocedural and financial barriers or a fear of
reprisals.

(45) Platform work is characterised by the lack of
a common workplace where workers can get to(45) Platform work is characterised by the lack of
a common workplace where workers can get to(45) Platform work is characterised by the lack of
a common workplace where workers can get to

Recital 44

54

Recital 45
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Council Mandateknow each other and communicate with eachother and with their representatives, also in viewof defending their interests towards the employer.
It is therefore necessary to create digitalcommunication channels, in line with the digitallabour platforms’ work organisation, where
persons performing platform work can exchangewith each other and be contacted by theirrepresentatives. Digital labour platforms should
create such communication channels within theirdigital infrastructure or through similarly effectivemeans, while respecting the protection of personal
data and refraining from accessing or monitoring
those communications.

know each other and communicate with eachother and with their representatives, also in viewof defending their interests towards the employer.
In some areas prevalent in platform work, suchas digital remote services or design work, many
Member States lack established workers
representatives' organisations or trade unions.
In accordance with national law and practice,persons performing platform work should befree to organise, choose representatives and be
taken into account in social dialogue andcollective bargaining processes, regardless of
their employment status. Persons performing
platform work can also be exposed to theincreased risk of violence, including genderbased violence and harassment. It is therefore
necessary to create private, secure, possibly
through encryption, digital communication andreporting channels, in line with the digital labour
platforms’ work organisation, where persons
performing platform work can exchange witheach other and be contacted by theirrepresentatives and report incidents of violenceor harassment. Digital labour platforms should
create such communication and reporting
channels within their digital infrastructure or
through similarly effective means, while
respecting the protection of personal data andrefraining from accessing or monitoring thosecommunications. For the same reasons,collective bargaining should be promoted byensuring that trade unions are able to effectively
exercise their role.

know each other and communicate with eachother and with their representatives, also in viewof defending their interests towards theemployerdigital labour platform. It is therefore
necessary to create digital communication
channels, in line with the digital labour platforms’
work organisation, where persons performing
platform work can exchange with each other andbe contacted by theirrepresentativesrepresentatives of platformworkers. Digital labour platforms should createsuch communication channels within their digital
infrastructure or through similarly effectivemeans, while respecting the protection of personal
data and refraining from accessing or monitoring
those communications.

(46) In administrative or judicial proceedings(46) In administrative or judicial proceedings(46) In administrative or judicial proceedings

Recital 46
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regarding the correct determination of theemployment status of persons performing
platform work, the elements regarding theorganisation of work allowing to establish theemployment status and in particular whether thedigital labour platform controls certain elementsof the performance of work may be in thepossession of the digital labour platform and noteasily accessible to persons performing platformwork and competent authorities. National courts
or competent authorities should therefore be able
to order the digital labour platform to disclose any
relevant evidence which lies in their control,
including confidential information, subject toeffective measures to protect such information.

regarding the correct determination of theemployment status of persons performing
platform work, the elements regarding theorganisation of work allowing to establish theemployment status and in particular whether thedigital labour platform controls or directs certain
elements of the performance of work may be in
the possession of the digital labour platform andnot easily accessible to persons performing
platform work and competent authorities.
National courts or competent authorities should
therefore be able to order the digital labour
platform to disclose any relevant evidence whichlies in their control, including confidential
information, subject to effective measures toprotect such information.

regarding the correct determination of theemployment status of persons performing
platform work, the elements regarding theorganisation of work allowing to establish theemployment status and in particular whether thedigital labour platform controls certain elementsof the performance of work may be in thepossession of the digital labour platform and noteasily accessible to persons performing platformwork and competent authorities. National courts
or competent authorities should therefore be able
to order the digital labour platform to disclose any
relevant evidence which lies in their control,
including confidential information, subject toeffective measures to protect such information.

(47) Given that Article 6, Article 7(1) and (3) and
Article 8 of this Directive provide for specificrules in the context of platform work to ensure theprotection of employees' personal data within themeaning of Article 88 of Regulation (EU)2016/679 and that Article 10 of this Directive
applies those safeguards also in case of persons
without employment contract or employment
relationship, the national supervisory authorities
referred to in Article 51 of Regulation (EU)2016/679 should be competent to monitor theapplication of those safeguards. Chapters VI, VII
and VIII of Regulation (EU) 2016/679 should
apply in terms of procedural framework for theenforcement of those safeguards, in particular as
regards supervision, cooperation and consistency
mechanisms, remedies, liability and penalties,
including the competence to impose(47) Given that Article 6, Article 7(1) and (3) and
Article 8 of this Directive provide for specificrules in the context of platform work to ensure theprotection of employees' personal data within themeaning of Article 88 of Regulation (EU)2016/679 and that Article 10 of this Directive
applies those safeguards also in the case of
persons without employment contract or
employment relationship, the national supervisory
authorities referred to in Article 51 of Regulation(EU) 2016/679 should be competent to monitor
the application of those safeguards. Chapters VI,
VII and VIII of Regulation (EU) 2016/679 should
apply in terms of procedural framework for theenforcement of those safeguards as well as thecommunication and reporting channels
established in Article 15 of this Directive, inparticular as regards supervision, cooperation and(47) Given that Article 6, Article 7(1) and (3) and
Article 8 of this Directive provide for specificrulesthis Directive provides for rules in addition
to Regulation (EU) 2016/679 in the context of
platform work to ensure the protection of
employees' personal data within the meaning of
Article 88 of Regulation (EU) 2016/679 and that
Article 10 of this Directive applies thosesafeguards also in case of persons without
employment contract or employment
relationshipof person performing platform work,
the national supervisory authorities referred to in
Article 51 of Regulation (EU) 2016/679 should
be competent to monitor the application of thosesafeguards. Chapters VI, VII and VIIIThe
procedural framework of Regulation (EU)2016/679 should apply in terms of procedural
framework for the enforcement of those

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administrative fines up to the amount referred toin Article 83(5) of that Regulation.

consistency mechanisms, remedies, liability andpenalties, including the competence to impose
administrative fines up to the amount referred toin Article 83(5) of that Regulation.

safeguardsfor the enforcement of the additionalrules of this Directive, in particular as regards
supervision, cooperation and consistency
mechanisms, remedies, liability and penalties,
including the competence to impose
administrative fines up to the amount referred toin Article 83(5) of that Regulation.

(48) Automated monitoring and decision-making
systems used in the context of platform work
involve the processing of personal data and affectthe working conditions and rights of persons
performing platform work. They therefore raiseissues of data protection law as well as labour andsocial protection law. Data protection supervisory
authorities and relevant labour and social
protection authorities should therefore cooperate
in the enforcement of this Directive, including by
exchanging relevant information with each other,
without prejudice to the independence of dataprotection supervisory authorities.

(48) Automated monitoring and decision-making
systems used in the context of platform work
involve the processing of personal data and affectthe working conditions and rights of persons
performing platform work. They therefore raiseissues of data protection law as well as labour andsocial protection law. Data protection supervisory
authorities and relevant labour and social
protection authorities should therefore cooperate,
including at cross-border level, in theenforcement of this Directive, including by
exchanging relevant information with each other,
without prejudice to the independence of dataprotection supervisory authorities.

(48) Automated monitoring andor decisionmaking systems used in the context of platformwork involve the processing of personal data of
persons performing platform work and affect theworking conditions and rights of persons
performing platform work. They therefore
raisethe platform workers among them, whichraises issues of data protection law as well aslabour and social protectionof related fields oflaw, like labour law. Data protection supervisory
authorities and relevant labour and social
protectionother competent authorities should
therefore cooperate in the enforcement of thisDirective, including by exchanging relevant
information with each other, without prejudice
toaffecting the independence of data protection
supervisory authorities.

Recital 48

58

58a

(48a) As the rights and freedoms of individuals
can be seriously undermined by automatedmonitoring or decision-making systems, it isessential that affected individuals havemeaningful access to reporting and redress
mechanisms with the relevant national

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authority, be it the data protection authority or
the labour inspectorate. They should be able toreport possible infringements of this Directive tothe competent national authority and have theright to be heard and to be informed about theoutcome of their complaint and the right to atimely decision.
Recital 48a(48a) In order to make the protection by thisDirective effective, it is essential to protect
persons performing platform work, who exercise
their respective rights granted by the Directive,
from dismissal, as far as platform workers areconcerned, or termination of contract, as far as
self-employed persons are concerned, and fromequivalent measures.

58b

Recital 4959(49) Since the objective of this Directive, namely
to improve working conditions in platform work,
cannot be sufficiently achieved by the Member
States but can rather, by reason of the need toestablish common minimum requirements, bebetter achieved at Union level, the Union may
adopt measures, in accordance with the principleof subsidiarity as set out in Article 5 of the Treaty
on European Union. In accordance with theprinciple of proportionality as set out in that
Article, this Directive does not go beyond what isnecessary in order to achieve that objective.

(49) Since one of the objective of this Directive,
namely to improve working conditions in
platform work, cannot be sufficiently achieved by
the Member States but can rather, by reason of theneed to establish common minimum
requirements, be better achieved at Union level,
the Union may adopt measures, in accordancewith the principle of subsidiarity as set out in
Article 5 of the Treaty on European Union.
Minimum harmonisation at Union level isnecessary to improve working conditions in
platform work and to protect workers’ rights
across the Union considering the Union-wide
dimension of many digital labour platforms, inorder to avoid a Union-wide race to the bottom(49) Since the objective of this Directive, namely
to improve working conditions in platform work,
cannot be sufficiently achieved by the Member
States but can rather, by reason of the need toestablish common minimum requirements, bebetter achieved at Union level, the Union may
adopt measures, in accordance with the principleof subsidiarity as set out in Article 5 of the Treaty
on European Union. In accordance with theprinciple of proportionality as set out in that
Article, this Directive does not go beyond what isnecessary in order to achieve that objective.

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regarding working conditions and in order tocreate a level playing field for businesses that
respect social standards. In accordance with theprinciple of proportionality as set out in that
Article, this Directive does not go beyond what isnecessary in order to achieve that objective.
Recital 50

60(50) This Directive lays down minimum
requirements, thus leaving untouched Member
States’ prerogative to introduce and maintainprovisions which are more favourable forplatform workers. Rights acquired under the
existing legal framework should continue toapply, unless more favourable provisions are
introduced by this Directive. The implementationof this Directive cannot be used to reduce existingrights set out in existing Union or national law inthis field, nor can it constitute valid grounds for
reducing the general level of protection in thefield covered by this Directive.

(50) This Directive lays down minimum
requirements, thus leaving untouched Member
States’ prerogative to introduce and maintainprovisions which are more favourable forplatform workers. Rights acquired under the
existing legal framework should continue toapply, unless more favourable provisions are
introduced by this Directive. The implementationof this Directive cannot be used to reduce existingrights set out in existing Union or national law inthis field, nor can it constitute valid grounds for
reducing the general level of protection in thefield covered by this Directive.

(50) This Directive lays down minimum
requirements, thus leaving untouched Member
States’ prerogative to introduce and maintainprovisions which are more favourable for persons
performing platform workerswork. Rights
acquired under the existing legal framework
should continue to apply, in particular as regards
mechanisms to ascertain the existence of an
employment relationship, unless more favourable
provisions are introduced by this Directive. The
implementation of this Directive cannot be used
to reduce existing rights set out in existing Unionor national law in this field, nor can it constitutevalid grounds for reducing the general level ofprotection in the field covered by this Directive.

Recital 50a60a(50a) The autonomy of the social partners is tobe respected. It should therefore be possible forthe social partners to consider that in specificsituations related to platform workers’ working
conditions different provisions are more
appropriate, for the pursuit of the purpose of thisDirective, than certain standards set out in thisDirective. Member States should therefore beable to allow the social partners to maintain,

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negotiate, conclude and enforce collective
agreements which differ from certain provisions
contained in those Articles, while respecting theoverall protection of platform workers.

Recital 51

61(51) In implementing this Directive Member
States should avoid imposing administrative,
financial and legal constraints in a way which
would hold back the creation and development of
micro, small and medium-sized enterprises.
Member States should assess the impact of theirtransposition measures on start-ups and on small
and medium-sized enterprises in order to ensurethat they are not disproportionately affected,
giving specific attention to micro-enterprises andto the administrative burden. Member Statesshould also publish the results of suchassessments.

(51) In implementing this Directive Member
States should avoid imposing administrative,
financial and legal constraints in a way which
would hold back the creation and development of
micro, small and medium-sized enterprises.
Member States should assess the impact of theirtransposition measures on start-ups and on small
and medium-sized enterprises in order to ensurethat they are not disproportionately affected,
giving specific attention to micro-enterprises andto the administrative burden. Member Statesshould also publish the results of suchassessments.

(51) In implementing this Directive Member
States should avoid imposing administrative,
financial and legal constraints in a way which
would hold back the creation and development of
micro, small and medium-sized enterprises.
Member States should assess the impact of theirtransposition measures on start-ups and on small
and medium-sized enterprises in order to ensurethat they are not disproportionately affected,
giving specific attention to micro-enterprises andto the administrative burden. Member Statesshould also publish the results of suchassessments.

(52) The Member States may entrust the social
partners with the implementation of thisDirective, where the social partners jointly request
to do so and provided that the Member States takeall the necessary steps to ensure that they can at
all times guarantee the results sought under thisDirective. They should also, in accordance withnational law and practice, take adequate measures
to ensure that the social partners are effectively
involved and to promote and enhance social
dialogue with a view to implementing theprovisions of this Directive.

(52) The Member States may entrust the social
partners with the implementation of thisDirective, where the social partners jointly request
to do so and provided that the Member States takeall the necessary steps to ensure that they can at
all times guarantee the results sought under thisDirective. They should also, in accordance withnational law and practice, take adequate measures
to ensure that the social partners are effectively
involved and to promote and enhance social
dialogue with a view to implementing theprovisions of this Directive.

(52) The Member States may entrust the social
partners with the implementation of thisDirective, where the social partners jointly request
to do so and provided that the Member States takeall the necessary steps to ensure that they can at
all times guarantee the results sought under thisDirective. They should also, in accordance withnational law and practice, take adequate measures
to ensure that the social partners are effectively
involved and to promote and enhance social
dialogue with a view to implementing theprovisions of this Directive.

Recital 52

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62

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Council Mandate(53) In accordance with the Joint Political
Declaration of 28 September 2011 of Member
States and the Commission on explanatory
documents,1 Member States have undertaken toaccompany, in justified cases, the notification of
their transposition measures with one or more
documents explaining the relationship between
the components of a directive and thecorresponding parts of national transposition
instruments. With regard to this Directive, thelegislator considers the transmission of such
documents to be justified.
_________(53) In accordance with the Joint Political
Declaration of 28 September 2011 of Member
States and the Commission on explanatory
documents,1 Member States have undertaken toaccompany, in justified cases, the notification of
their transposition measures with one or more
documents explaining the relationship between
the components of a directive and thecorresponding parts of national transposition
instruments. With regard to this Directive, thelegislator considers the transmission of such
documents to be justified.
_________(53) In accordance with the Joint Political
Declaration of 28 September 2011 of Member
States and the Commission on explanatory
documents,1 Member States have undertaken toaccompany, in justified cases, the notification of
their transposition measures with one or more
documents explaining the relationship between
the components of a directive and thecorresponding parts of national transposition
instruments. With regard to this Directive, thelegislator considers the transmission of such
documents to be justified.
_________

1. OJ C 369, 17.12.2011, p. 14.

1. OJ C 369, 17.12.2011, p. 14.

1. OJ C 369, 17.12.2011, p. 14.

(54) The European Data Protection Supervisor
was consulted in accordance with Article 42(1) ofRegulation (EU) 2018/1725 of the European
Parliament and of the Council1 and delivered an
opinion on XX XXXX2,_________(54) The European Data Protection Supervisor
was consulted in accordance with Article 42(1) ofRegulation (EU) 2018/1725 of the European
Parliament and of the Council1 and delivered an
opinion on XX XXXX2,_________(54) The European Data Protection Supervisor
was consulted in accordance with Article 42(1) ofRegulation (EU) 2018/1725 of the European
Parliament and of the Council1 and delivered an
opinion on XX XXXX2,2.02.20222,_________

1. Regulation (EU) 2018/1725 of the European Parliamentand of the Council of 23 October 2018 on the protection ofnatural persons with regard to the processing of personal databy the Union institutions, bodies, offices and agencies and on
the free movement of such data, and repealing Regulation(EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295,
21.11.2018, p. 39).
2. …

1. Regulation (EU) 2018/1725 of the European Parliamentand of the Council of 23 October 2018 on the protection ofnatural persons with regard to the processing of personal databy the Union institutions, bodies, offices and agencies and on
the free movement of such data, and repealing Regulation(EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295,
21.11.2018, p. 39).
2. …

1. Regulation (EU) 2018/1725 of the European Parliamentand of the Council of 23 October 2018 on the protection ofnatural persons with regard to the processing of personal databy the Union institutions, bodies, offices and agencies and on
the free movement of such data, and repealing Regulation(EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295,
21.11.2018, p. 39).
2. …Doc. 5966/22

HAVE ADOPTED THIS DIRECTIVE:HAVE ADOPTED THIS DIRECTIVE:HAVE ADOPTED THIS DIRECTIVE:

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65

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CHAPTER I
GENERAL PROVISIONSCHAPTER I
GENERAL PROVISIONSCHAPTER I
GENERAL PROVISIONSG

Article 1
Subject matter and scope

Article 1
Subject matter and scope

Article 1
Subject matter and scopeG

1. The purpose of this Directive is to improve theworking conditions of persons performing
platform work by ensuring correct determinationof their employment status, by promoting
transparency, fairness and accountability inalgorithmic management in platform work and byimproving transparency in platform work,
including in cross-border situations, while
supporting the conditions for the sustainablegrowth of digital labour platforms in the Union.

1. The purpose of this Directive is to improve theworking conditions of persons performing
platform work by ensuring the correct
determination of their employment status, bypromoting transparency, fairness, humanoversight, safety and accountability in algorithmic
management in platform work and by improving
transparency in platform work, including in crossborder situations, while supporting the conditions
for fostering the sustainable growth of digitallabour platforms in the Union.

1. The purposepurposes of this Directive isare to
improve the working conditions of persons
performing platform work by ensuring correct
determination of their employment status, bypromoting transparency, fairness andaccountability in algorithmic management in
platform work and by improving transparency
inworkers and the protection of persons
performing platform work, including in crossborder situations, while supporting the conditions
for the sustainable growth of digital labour
platforms in the Union regarding the processingof their personal data through the use of
automated monitoring or decision-making
systems.

CHAPTER I

G66
Article 1

G

67
Article 1(1)68Article 1(1a)68a1a. These purposes are pursued by:

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1b. ·introducing measures to facilitate
the correct determination of the employment
status of persons performing platform work;

68b

Article 1(1a), point(b)1c. ·improving transparency, fairness
and accountability in the use of automatedmonitoring or decision-making systems for
persons performing platform work; and68c

Article 1(1a), point(c)1d. ·improving transparency on
platform work, including in cross-bordersituations.

68d

Article 1(2), first subparagraph69

2. This Directive lays down minimum rights that
apply to every person performing platform workin the Union who has, or who based on anassessment of facts may be deemed to have, an
employment contract or employment relationshipas defined by the law, collective agreements orpractice in force in the Member States withconsideration to the case-law of the Court ofJustice.

2. This Directive lays down minimum rights that
apply to every person performing platform workin the Union who has, or who based on anassessment of facts may be deemed to have, an
employment contract or employment relationshipas defined by the law, collective agreements orpractice in force in the Member States withconsideration to the case-law of the Court ofJustice.

deleted

Article 1(2), second subparagraph70

In accordance with Article 10, rights laid down inthis Directive pertaining to the protection of

In accordance with Article 10, rights laid down inthis Directive pertaining to the protection ofdeleted

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natural persons in relation to the processing of
personal data in the context of algorithmic
management also apply to every person
performing platform work in the Union who does
not have an employment contract or employment
relationship.

natural persons in relation to the processing of
personal data in the context of algorithmic
management also apply to every person
performing platform work in the Union who does
not have an employment contract or employment
relationship.

Council Mandate

Article 1(3)71

3. This Directive applies to digital labour
platforms organising platform work performed in
the Union, irrespective of their place of
establishment and irrespective of the law
otherwise applicable.

3. This Directive applies to digital labour
platforms organising platform work performed in
the Union, irrespective of their place of
establishment and irrespective of the law
otherwise applicable.

3. This Directive applies to persons performing
platform work in the Union, to digital labour
platforms organising platform work performed in
the Union, irrespective of theirthe platform’s
place of establishment and irrespective of the law
otherwise applicable.

Article 1(3a)3a. With respect to representatives of persons
performing platform work other than those
representing platform workers, this Directive
shall apply only to the extent that a
representation of persons performing platformwork is provided for by national law andpractices.

71a

Article 2

G

Article 2
Definitions

72

Article 2
Definitions

Article 2
Definitions

G

Article 2(1)G73

1. For the purposes of this Directive, the

1. For the purposes of this Directive, the

1. For the purposes of this Directive, theG

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following definitions shall apply:

EP Mandate

Council Mandate

following definitions shall apply:

following definitions shall apply:(1) ‘digital labour platform’ means any natural or
legal person providing a commercial service
which meets all of the following requirements:(1) ‘digital labour platform’ means any natural or
legal person providing a commercial service
which meets all of the following requirements:(a) it is provided, at least in part, at a distancethrough electronic means, such as a website or amobile application;(a) it is provided, at least in part, at a distancethrough electronic means, such as a website or amobile application;(b) it is provided at the request of a recipient of
the service or it involves the allocation of workthrough an open call;(b) it is provided at the request of a recipient of
the service;(c) it involves, as a necessary and essential
component, the organisation of work performed
by individuals, irrespective of whether that work
is performed online or in a certain location andirrespective of the contractual designation of therelationship between that individual and thenatural or legal person providing the service;(c) it involves, as a necessary and essential
component, the organisation of work performed
by individuals in return for payment, irrespectiveof whether that work is performed online or in acertain location;

Article 2(1), point (1)74(1) ‘digital labour platform’ means any natural or
legal person providing a commercial service
which meets all of the following requirements:

Article 2(1), point (1)(a)G75(a) it is provided, at least in part, at a distancethrough electronic means, such as a website or amobile application;

G

Article 2(1), point (1)(b)76(b) it is provided at the request of a recipient of
the service;

Article 2(1), point (1)(c)77(c) it involves, as a necessary and essential
component, the organisation of work performed
by individuals, irrespective of whether that work
is performed online or in a certain location;

Article 2(1), point (1)(ca)
77a(ca) it involves the use of automated monitoring

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or decision-making systems.

Article 2(1), point (2)78(2) ‘platform work’ means any work organised
through a digital labour platform and performedin the Union by an individual on the basis of acontractual relationship between the digital labour
platform and the individual, irrespective ofwhether a contractual relationship exists between
the individual and the recipient of the service;(2) ‘platform work’ means any work organised
through a digital labour platform and performedin the Union by an individual on the basis of acontractual relationship between the digitallabour platform and the individual, irrespectiveof whether a contractual relationship exists
between the individual and the recipient of theservice;(2) ‘platform work’ means any work organised
through a digital labour platform and performedin the Union by an individual on the basis of acontractual relationship between the digital labour
platform and the individual or an intermediary,irrespective of whether a contractual relationshipexists between the individual or an intermediaryand the recipient of the service;(3) ‘person performing platform work’ means
any individual performing platform work,irrespective of the contractual designation of therelationship between that individual and thedigital labour platform by the parties involved;(3) ‘person performing platform work’ means
any individual performing platform work,irrespective of the contractual designationnatureof the contractual relationship between that
individual and the digital labour platformor its
designation by the parties involved;(4) ‘platform worker’ means any person
performing platform work who has an
employment contract or employment relationshipas defined by the law, collective agreements orpractice in force in the Member States withconsideration to the case-law of the Court ofJustice;(4) ‘platform worker’ means any
personindividual performing platform work who
has an employment contract or is deemed to havean employment relationship as defined by thelaw, collective agreements or practice in force in
the Member States with consideration to the caselaw of the Court of Justice;

Article 2(1), point (3)79(3) ‘person performing platform work’ means
any individual performing platform work,irrespective of the contractual designation of therelationship between that individual and thedigital labour platform by the parties involved;

Article 2(1), point (4)80(4) ‘platform worker’ means any person
performing platform work who has an
employment contract or employment relationshipas defined by the law, collective agreements orpractice in force in the Member States withconsideration to the case-law of the Court ofJustice;

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Council Mandate(4a) 'intermediary' means any natural or legal
person who establishes a contractual
relationship, including by subcontracting, with aperson performing platform work or a digitallabour platform for the purposes of making
platform work available through that digitallabour platform;

Article 2(1), point (4b)(4b) '‘terms and conditions’ means any term
and condition or specification, irrespective of
their name or form, which govern thecontractual relationship between the digitallabour platform and a person performing
platform work and are unilaterally determinedby the digital labour platform.

80b

Article 2(1), point (5)(5) ‘representatives’ means the workers’organisations or representatives provided for bynational law or practices, or both;
8181a(5) ‘workers’ representatives’ means
representatives of recognised trade unions inaccordance with national law and practice orother persons who are freely elected or who aredesignated by the workers in an organisation torepresent them in accordance with the workers’organisations or representatives provided for bynational law or practices, or both;deleted(5a) ‘representatives of persons performing
platform work’ means the representatives ofrecognised trade unions in accordance withnational law and practice or other persons who

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are freely elected or who are designated by theworkers or by the self-employed performing
platform work in an organisation to represent
them in accordance with national law orpractices, or both;
Article 2(1), point (5a)81b(5b) ‘automated monitoring systems’ means any
automated systems used for or supporting
monitoring, supervising or evaluating the work
performance;(6a) ‘automated monitoring systems’ means
systems which are used to collect personal dataon persons performing platform work, supervise
or evaluate their work performance throughelectronic means;(5c) ‘automated decision-making systems’means any automated systems used to takedecisions or support decision-making;(6b) ‘automated decision-making systems’means systems which are used to take or support
decisions that significantly affect persons
performing platform work, in particular theoffer or assignment of tasks to them, theirearnings, their safety and health, their working
time, their access to training and theircontractual status, including the restriction,suspension or termination of their account.

Article 2(1), point (5b)

81c

81d

(5d) ‘biometric data’ means biometric data as
defined in Article 4, point (14), of Regulation(EU) 2016/679;

81e
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Council Mandate(5e) ‘biometrics-based data’ means data
resulting from specific technical processing
relating to physical, physiological, or
behavioural features, signals, or characteristics
of a natural person, such as facial expressions,movements, pulse frequency, voice, keystrokes orgait;
Article 2(1), point (6)82(6) ‘micro, small or medium-sized enterprises’
means micro, small and medium-sized enterprises
as defined in the Annex to Commission
Recommendation 2003/361/EC1.
_________(6) ‘micro, small or medium-sized enterprises’
means micro, small and medium-sized enterprises
as defined in the Annex to Commission
Recommendation 2003/361/EC1.
_________

1. Commission Recommendation of 6 May 2003 concerning
the definition of micro, small and medium-sized enterprises(C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).

1. Commission Recommendation of 6 May 2003 concerning
the definition of micro, small and medium-sized enterprises(C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).

deleted

Article 2(2)83

2. The definition of digital labour platforms laid
down in paragraph 1, point (1), shall not include
providers of a service whose primary purpose is
to exploit or share assets. It shall be limited toproviders of a service for which the organisationof work performed by the individual constitutes
not merely a minor and purely ancillarycomponent.

2. The definition of digital labour platforms laid
down in paragraph 1, point (1), shall not include
providers of a service whose primary purpose is
to exploit or share assets or that allow private
individuals to resell goods. It shall be limited toproviders of a service for which the organisationof work performed by the individual constitutes
not merely a minor and purely ancillarycomponent.

2. The definition of digital labour platforms laid
down in paragraph 1, point (1), shall not include
providers of a service whose primary purpose is
to exploit or share assets. It shall be limited toproviders of a service for which the organisationof work performed by the individual constitutes
not merely a minor and purely ancillarycomponent or to resell goods or services.

Article 2(a)83aArticle 2a
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Intermediaries

Article 2(a),first paragraphMember states shall ensure that the use ofintermediaries does not lead to a reduction in theprotection afforded by this Directive to persons
performing platform work.

83b

CHAPTER IIGCHAPTER IIEMPLOYMENT STATUS

CHAPTER IIEMPLOYMENT STATUS

CHAPTER IIEMPLOYMENT STATUS

G

Article 3
Correct determination of the employment status

Article 3
Correct determination of the employment status

Article 3
Correct determination of the employment statusG

1. Member States shall have appropriate
procedures in place to verify and ensure thecorrect determination of the employment status of
persons performing platform work, with a view toascertaining the existence of an employment
relationship as defined by the law, collective
agreements or practice in force in the Member
States with consideration to the case-law of the
Court of Justice, and ensuring that they enjoy therights deriving from Union law applicable toworkers.

1. Member States shall have appropriate andeffective procedures in place to verify and ensure
the correct determination of the employment
status of persons performing platform work, witha view to ascertaining the existenceapplying thepresumption of an employment relationship in
accordance with Article 4(1) for the purpose ofascertaining the existence of such a relationshipas defined by the applicable law, collective
agreements or practice in force in the Member
States and with consideration to the case-law of
the Court of Justice, and ensuring that such
persons they enjoy the rights deriving from Union

1. Member States shall have in place appropriate
procedures in place to verify and ensure thecorrect determination of the employment status of
persons performing platform work, with a view toascertaining the existence of an employment
relationship as defined by the law, collective
agreements or practice in force in the Member
States with consideration to the case-law of the
Court of Justice, and ensuring that theyplatformworkers enjoy the rights deriving from Union law
applicable to workersrelated to that employment
relationship.

84
Article 3

G85
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law applicable to workers.
Article 3(2)

87

87a

2. The determination of the existence of an
employment relationship shall be guided
primarily by the facts relating to the actual
performance of work, taking into account the useof algorithms in the organisation of platform
work, irrespective of how the relationship isclassified in any contractual arrangement that may
have been agreed between the parties involved.
Where the existence of an employment
relationship is established based on facts, theparty assuming the obligations of the employer
shall be clearly identified in accordance withnational legal systems.

2. The determination of the existence of an
employment relationship shall be guided
primarily by the facts relating to the actual
performance of work, taking into account the useof algorithms in the organisation of platform
work, irrespective of how the relationship isclassified in any contractual arrangement that may
have been agreed between the parties involved.
Where the existence of an employment
relationship is established based on such facts, theparty or parties assuming the obligations of theemployer shall be clearly identified in accordancewith national legal systems and with Article 12b,and shall dully fulfil those obligations.

2. The determination of the existence of an
employment relationship shall be guided
primarily by the facts relating to the actual
performance of work, taking into account the useof algorithmsautomated monitoring or decisionmaking systems in the organisation of platform
work, irrespective of how the relationship isclassified in any contractual arrangement that may
have been agreed between the parties involved.
Where the existence of an employment
relationship is established based on facts, theparty assuming the obligations of the employer
shall be clearly identified in accordance withnational legal systems.

2a. Where digital labour platforms arerecognised to exercise the prerogatives of
employers, they shall comply with thecorresponding employers’ obligations undernational law and collective agreements
applicable in the sector of activity, including in
relation to labour law, income tax and financing
of social protection. Platform workers shall fully
enjoy the status of worker in accordance withnational law, collective agreements or practice inforce in the Member States, including the rights
to join a trade union, to organise, and to bargain
collectively.

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2b. This Directive applies in full to digitallabour platforms exerting the function of
temporary work agencies, in addition to
Directive 2008/104/EC.

87b

Article 4

G

88

Article 4
Legal presumption

Article 4
Legal presumption

Article 4
Legal presumption

1. The contractual relationship between a digitallabour platform that controls, within the meaningof paragraph 2, the performance of work A
person performing platform work shall be eithera platform worker or a genuinely self-employedperson. The contractual relationship between adigital labour platform and a person performing
platform work through that platform shall be
legally presumed to be an employment
relationship and therefore digital labour
platforms shall be presumed to be employers. To
that effect, Member States shall establish aframework of measures, in accordance with theirnational legal and judicial systems, in order toensure that the legal presumption can be relied
upon by competent authorities and bodies thatverify compliance with or enforce relevant
legislation as well as by persons performing
platform work and their representatives.

1. The contractual relationship between a digitallabour platform that controls, within the meaningof paragraph 2, the performance of workUnless
Member States provide for more favourable
provisions pursuant to Article 20, therelationship between a digital labour platform
and a person performing platform work throughthat platform shall be legally presumed to be an
employment relationship. To that effect, Member
States shall establish a framework of measures, inaccordance with their national legal and judicial
systems. when the digital labour platform exerts
control and direction over the performance ofwork by that person.

G

Article 4(1), first subparagraph
1. The contractual relationship between a digitallabour platform that controls, within the meaningof paragraph 2, the performance of work and aperson performing platform work through that
platform shall be legally presumed to be an
employment relationship. To that effect, Member
States shall establish a framework of measures, inaccordance with their national legal and judicial
systems.
89

89a
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Where competent authorities and bodies,including those responsible for registering
administrative procedures, consider that aperson performing platform work might bewrongly classified, they shall apply thepresumption. Where a person performing
platform work or a trade union acting on behalf
or in support of several persons performing
platform work, in accordance with national law
or practice, dispute their classification in an
administrative or legal proceeding, thepresumption shall be applied.
Article 4(1), second subparagraph
The legal presumption shall apply in all relevant
administrative and legal proceedings. Competentauthorities verifying compliance with or enforcing
relevant legislation shall be able to rely on that
presumption.

90

The application of the legal presumption shall notlead to an automatic reclassification of all
persons performing platform work as platformworkers. Digital labour platforms shall have thepossibility to rebut the presumption of
employment before a decision forreclassification is taken in administrative or
legal proceedings. The rebuttable presumptionof employment shall apply in all relevant
administrative procedures and administrative andlegal proceedings. Competent authorities andbodies, including those responsible forregistering administrative procedures, verifying
compliance with or enforcing relevant legislation,
including collective agreements, shall effectively
apply that presumption. To that end, digitallabour platforms shall be able to rely on that
presumptionrequired by the competentauthorities and bodies to provide all relevant
information in order for the authorities todetermine, based on an objective assessment, thecorrect classification of the persons performing

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2. Controlling the performance of work within
the meaning of paragraph 1 shall be understood
as fulfilling at least two of the following:

2. Controlling the performance of work within
the meaning of paragraph 1For the purpose of
the previous subparagraph, exerting control anddirection shall be understood as fulfilling, either
by virtue of its applicable terms and conditions
or in practice, at least twothree of thefollowingcriteria below:(a) effectively determining, or setting upper limits
for the level of remuneration;(a) effectively determining, or settingThe digitallabour platform determines upper limits for thelevel of remuneration;(b) requiring the person performing platformwork to respect specific binding rules with regard
to appearance, conduct towards the recipient of
the service or performance of the work;(b) requiringThe digital labour platform
requires the person performing platform work to
respect specific binding rules with regard to
appearance, conduct towards the recipient of theservice or performance of the work;(c) supervising the performance of work orverifying the quality of the results of the work
including by electronic means;(c) supervising the performance of work orverifying the quality of the results of theThe
digital labour platform supervises theperformance of work including by electronicmeans;

platform work.
Article 4,
2. Controlling the performance of work within
the meaning of paragraph 1 shall be understood as
fulfilling at least two of the following:
91

Article 4, , point (a)92(a) effectively determining, or setting upper
limits for the level of remuneration;

Article 4, , point (b)93(b) requiring the person performing platformwork to respect specific binding rules with regard
to appearance, conduct towards the recipient of
the service or performance of the work;

Article 4, , point (c)94(c) supervising the performance of work orverifying the quality of the results of the work
including by electronic means;

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Council Mandate(d) effectively restricting the freedom, including
through sanctions, to organise one’s work, inparticular the discretion to choose one’s working
hours or periods of absence, to accept or to refuse
tasks or to use subcontractors or substitutes;(d) effectively restricting the freedom, including
through sanctions, to organise one’s work, inparticular the discretion to choose one’s working
hours or periods of absence, to accept or to refuse
tasks or to use subcontractors or substitutes;(d) effectively restrictingThe digital labour
platform restricts the freedom, including throughsanctions, to organise one’s work, in particular bylimiting the discretion to choose one’s working
hours or periods of absence, to accept or to refuse
tasks or to use subcontractors or substitutes;

Article 4, , point (d)95Article 4, , point (da)(da) The digital labour platform restricts the
freedom, including through sanctions, toorganise one’s work by limiting the discretion toaccept or to refuse tasks;

95a

Article 4, , point (db)(db) The digital labour platform restricts the
freedom, including through sanctions, toorganise one’s work by limiting the discretion touse subcontractors or substitutes;

95b

Article 4, , point (e)96(e) effectively restricting the possibility to build aclient base or to perform work for any third party.

(e) effectively restricting the possibility to build aclient base or to perform work for any third party.

(e) effectively restrictingThe digital labour
platform restricts the possibility to build a clientbase or to perform work for any third party.

Article 4(2a)96a

1a. The rules laid down in this Article andArticle 4a shall not affect the discretion of courts
and competent authorities to ascertain the

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existence of an employment relationship, as
defined by the law, collective agreements orpractice in force in the Member State inquestion, with consideration to the case-law of
the Court of Justice, regardless of the number ofcriteria fulfilled.

Article 4(3)97

3. Member States shall take supporting measures
to ensure the effective implementation of the legal
presumption referred to in paragraph 1 while
taking into account the impact on start-ups,
avoiding capturing the genuine self-employed andsupporting the sustainable growth of digitallabour platforms. In particular they shall:

3. Member States shall take supporting measures
to ensure the effective implementation of the legal
presumption referred to in paragraph 1, in orderto ensure the effective protection of workers
performing work in the context of an
employment relationship while taking into
account the impact on start-ups, avoiding
capturing the genuine self-employed andsupporting the sustainable growth of digitallabour platforms. In particular they shall:deleted

Article 4(3), point (a)98(a) ensure that information on the application of
the legal presumption is made publicly available
in a clear, comprehensive and easily accessibleway;(a) ensure that information on the application of
the legal presumption is made publicly available
in a clear, comprehensive and easily accessible
way;deleted

Article 4(3), point (b)99(b) develop guidance for digital labour platforms,
persons performing platform work and social
partners to understand and implement the legal
presumption including on the procedures forrebutting it in accordance with Article 5;(b) develop comprehensive guidance, includingin the form of concrete and practical
recommendations, for digital labour platforms,
persons performing platform work and the social
partners to understand and implement the legal
presumption including on the procedures fordeleted

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rebutting it in accordance with Article 5;
Article 4(3), point (c)(c) develop guidance for enforcement authorities
to proactively target and pursue non-compliant
digital labour platforms;
100(c) develop guidance, capacity building andtraining and establish procedures for national
competent and for enforcement authorities toproactively identify, target and pursue digitallabour platforms in order to ensure effective
compliance with this Directive, including by
imposing dissuasive penalties on non-compliant
digital labour platforms;

100a(ca) develop guidance and establish proceduresfor competent administrative authorities andinstitutions to proactively apply the legal
presumption in the administrative procedures
and to share data with other relevant authorities
in order to apply the legal presumption in theprocessing and registration of contractual
relations and social security related data;deleted

Article 4(3), point (d)101(d) strengthen the controls and field inspections
conducted by labour inspectorates or the bodies
responsible for the enforcement of labour law,while ensuring that such controls and inspections
are proportionate and non-discriminatory.

(d) strengthen the controls and field inspections
conducted by labour inspectorates or the bodies
responsible for the enforcement of labour law,while ensuring that such controls and inspections
are proportionate and non-discriminatory., andestablish, every year, a national target for thenumber of inspections to be carried out in
respect of the sectors of activity in which digitallabour platforms operate, in order to determine

deleted

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the correct classification of workers;

101a(da) provide for an inspection by labour
inspectorates or the bodies responsible for theenforcement of labour law every time a person
performing platform work is newly recognised as
platform worker, within one month of such
recognition, in order to verify the status of theother persons performing platform work for thesame digital labour platform;

101b(db) provide for sufficient resources andtraining for labour inspectorates or the bodies
responsible for the enforcement of labour law inorder to strengthen their capacities, especially inthe technological field, in order to enable themto effectively comply with points (d) and (da),including by carrying out routine or announced
visits;101c(dc) ensure that duly qualified technical experts
and specialists, particularly with respect toalgorithmic management, assist the labour
inspectorates in their work when necessary.

Article 4(4)102

4. With regard to contractual relationships

4. With regard to contractual relationships

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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 theperiod starting from that date.

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 theperiod starting from that date, without prejudice
to Directive (EU) 2019/1152 that could apply
before that date.

deleted

Article 4(a)102aArticle 4a
Application of the presumption and rebuttal

Article 4a(1)102b1. The legal presumption shall apply in all
relevant administrative or judicial proceedings
where the correct determination of theemployment status of the person performing
platform work is at stake.

Article 4a(2)102c2. The legal presumption shall not apply to tax,
criminal and social security proceedings.
However, Member States may apply the legal
presumption in those proceedings as a matter ofnational law.

Article 4(a)(2)102d

2. Member States may grant competent national
administrative authorities a discretion not toapply the presumption, in cases where:

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Council Mandatea) those authorities are verifying compliancewith or enforcing relevant legislation on theirown initiative, andb) it is manifest that the person performing
platform work is not a platform worker.

Article 4(a)(3), first subparagraph102e

3. Member States shall ensure, in proceedings
where the presumption applies, the possibility forany of the parties to rebut the legal presumption.

Article 4(a)(3), second subparagraph102f

To this effect:

Article 4(a)(3), second subparagraph, point(a)102g(a) where the digital labour platform argues
that the contractual relationship in question is
not an employment relationship as defined by
the law, collective agreements or practice inforce in the Member State in question, withconsideration to the case-law of the Court ofJustice, the burden of proof shall be on that
digital labour platform;

Article 4(a)(3), second subparagraph, point(b)102h(b) where the person performing the platformwork argues that the contractual relationship inquestion is not an employment relationship as
defined by the law, collective agreements orpractice in force in the Member State in

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question, with consideration to the case-law of
the Court of Justice, the digital labour platform
shall be required to assist the proper resolutionof the proceedings, notably by providing all
relevant information held by it.

Article 4a(4)102i

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 Article 4 shall only apply to theperiod starting from that date.

Article 4a(5)102j

5. Where a digital labour platform challenges
an administrative or judicial decision
determining the employment status of a person
performing platform work on the basis of theapplication of the presumption, Member States
may provide that such a proceeding shall nothave a suspensive effect on that decision.

Article 4(b)102k

Article 4b
Framework of supporting measures

Article 4(b),first paragraph
102l

Member States shall establish a framework ofsupporting measures in order to ensure the

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effective implementation of the legal
presumption referred to in Article 4. In
particular, they shall:

Article 4(b), first paragraph,point(a)102m(a) ensure that information on the applicationof the legal presumption is made publicly
available in a clear, comprehensive and easily
accessible way;

Article 4(b), first paragraph,point(b)102n(b) develop guidance for digital labour
platforms, persons performing platform workand social partners to understand and put inpractice the legal presumption including its
rebuttal;

Article 4(b), first paragraph,point(c)102o(c) in line with national law or practice, develop
guidance for competent national authorities toproactively target and pursue non-compliant
digital labour platforms;

Article 4(b), first paragraph,point(d)102p(d) in line with national law or practice, provide
for effective controls and inspections conductedby national authorities, while ensuring that suchcontrols and inspections are proportionate andnon-discriminatory.

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Article 5
Possibility to rebut the legal presumption

Article 5
Possibility to rebut the legal presumption

deleted

Article 5103

Article 5, first paragraph

104

Member States shall ensure the possibility for anyof the parties to rebut the legal presumption
referred to in Article 4 in legal or administrative
proceedings or both.

1. Member States shall ensure the possibility forany of the parties to rebut the legal presumption
referred to in Article 4 in legal or administrative
proceedings or both.

deleted

Article 5, second paragraph

105

Where the digital labour platform argues that thecontractual relationship in question is not an
employment relationship as defined by the law,collective agreements or practice in force in theMember 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. Suchproceedings shall not have suspensive effect on
the application of the legal presumption.

Where the digital labour platform argues that thecontractual relationship in question is not an
employment relationship in accordance with
Article 4(1) and as defined by the applicable law,collective agreements or practice in force in theMember 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. Suchproceedings shall not have suspensive effect on
the application of the legal presumption.

deleted

Article 5, third paragraph

106

Where the person performing the platform workargues that the contractual relationship in question
is not an employment relationship as defined by
the law, collective agreements or practice in force
in the Member State in question, withconsideration to the case-law of the Court ofJustice, the digital labour platform shall be
required to assist the proper resolution of the

Where the person performing the platform workargues that the contractual relationship in question
is not an employment relationship in accordancewith Article 4(1), and as defined by theapplicable law, collective agreements or practicein force in the Member State in question, withconsideration to and the case-law of the Court ofJustice, the digital labour platform shall bedeletedSee row 102h

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proceedings, notably by providing all relevant
information held by it.

EP Mandate

Council Mandate

required to assist the proper resolution of theproceedings, notably by providing all relevant
information held by it.

106a1a. Member States shall ensure the possibility torebut the presumption referred to in Article 4 bymeans of demonstrating that the person
performing platform work is genuinely selfemployed as both the following criteria aresatisfied:

106b(a) the contractual relationship in question is
not an employment relationship as defined byapplicable law, collective agreements or practicein force in the Member State in question withconsideration to the case-law of the Court ofJustice and the person performing platformwork is free from control and direction of thedigital labour platform in connection with theperformance of the work, both under thecontract for the performance of the work and in
fact;

106c

(b) the person performing platform work is
usually engaged in an independently establishedtrade, profession or business of the same natureas that with which the work performed is related.

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106d

1b. The following elements indicating control
and direction in connection with theperformance of work within the meaning of
Article 5(1a), point (a), shall be taken into
consideration:

106e(a) effectively determining, or setting upper
limits for, the level of remuneration or issuing
periodic payments of remuneration;

106f(b) effectively determining or controlling
working conditions, including restricting timeschedule 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 toolof control and a basis for penalties and as a tool
to allocate work assignments;

106g(c) effectively preventing the person performing
platform work from developing business contacts
with potential clients, including via controllingor restricting the communication between the
person performing platform work and therecipient of goods or services during or after the
performance of the work;

Council Mandate

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106h(d) tracking or supervising the person
performing platform work while performing the
work;

106i

(e) requiring the person performing platformwork to comply with specific rules with regard to
appearance, conduct towards the recipient of theservice or performance of the work;

106j(f) effectively restricting the use of
subcontractors or substitutes to perform the
work;

106k

(g) effectively restricting the possibility of theperson performing platform work to perform
work for any third party, including competitorsof the digital labour platforms;

106l(h) restricting the freedom of the person
performing platform work to choose social
protection, accident insurance, pension schemeor other forms of insurance, including throughadverse consequences.

Council Mandate

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Member States shall regularly review, assess
and, where necessary, complement the elements
set out in paragraph 1b, in consultation with thesocial partners. Where a digital labour platform
challenges an administrative or judicial decision
determining the employment status of a person
performing platform work, proceedings arisingfrom such a challenge shall not have asuspensive effect on that decision.

106m

CHAPTER III
CHAPTER III
ALGORITHMIC MANAGEMENT
107

CHAPTER III
ALGORITHMIC MANAGEMENT

CHAPTER III
ALGORITHMIC
MANAGEMENTMANAGEMENT BY
AUTOMATED MONITORING OR DECISIONMAKING SYSTEMS

Article 5a

107a

Article 5a
Limitations on processing of personal data bymeans of automated monitoring or decisionmaking systems

Article 5a, paragraph (1), point(a)107b

1. Digital labour platforms shall not, by meansof automated monitoring or decision-making
systems:

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Council Mandate(a) process any personal data on the emotionalor psychological state of the person performing
platform work;

Article 5a, paragraph (1), point(b)(b) process any personal data in relation to
private conversations; including exchanges withplatform workers’ representatives;

107d

Article 5a, paragraph (1), point(c)(c) collect any personal data while the person
performing platform work is not offering or
performing platform work.

107e

Article 6

108

Article 6
Transparency on and use of automated monitoringand decision-making systems

Article 6
Transparency on and use of automated monitoringand decision-making systems

Article 6
Transparency on and use of automated monitoring
andor decision-making systems-1. Without prejudice to the obligations andrights of digital labour platforms and platformworkers under DirectiveRegulation (EU)2016/679 and Directives 89/391/EEC,
2009/38/EC and (EU) 2019/1152, Member Statesshall require digital labour platforms to inform
platform workers, workers’ representatives andthe labour inspectorate and other competentauthorities of:

1. Without prejudice to the obligations and rights
ofMember States shall require digital labour
platforms and platform workers under Directive(EU) 2019/1152, Member States shall require
digital labour platforms to inform platformworkers of:to inform persons performing
platform work of the use of automatedmonitoring or decision-making systems.

Article 6(-1)(1)109

1. Without prejudice to the obligations and rights
of digital labour platforms and platform workers
under Directive (EU) 2019/1152, Member Statesshall require digital labour platforms to inform
platform workers of:

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Article 6(1), second subparagraph, point (a)110(a) automated monitoring systems which are used
to monitor, supervise or evaluate the work
performance of platform workers throughelectronic means;(a) automated monitoring systems which are used
for, or support monitoring, supervising or
evaluating to monitor, supervise or evaluate thework performance of platform workers throughelectronic means;deleted

Article 6(1), third subparagraph, point (b)111(b) automated decision-making systems which
are used to take or support decisions thatsignificantly affect those platform workers’
working conditions, in particular their access towork assignments, their earnings, theiroccupational safety and health, their working
time, their promotion and their contractual status,
including the restriction, suspension or
termination of their account.

(b) automated decision-making systems which
are used to take or support decisions thatsignificantly affect those platform workers’
working conditions, in particular their
recruitment, their access to and organisation ofwork assignments, their earnings including thepricing of individual assignments, theiroccupational safety and health, their working
time, their promotion and their contractual status,
including the restriction, suspension or
termination of their account.

deleted

Article 6(-1), (1) a
The information referred to in points (a) and (b)shall be provided irrespectively of the automatedmonitoring and decision-making systems being
managed by the digital labour platform or any
service provider that sells its management
services to the platform.

111a

Article 6,112

2. The information referred to in paragraph 1
shall concern:

2. The information referred to in paragraph 1
shall concern:

2. TheThis information referred to in paragraph1 shall concern:

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Article 6, , point (a)G113(a) as regards automated monitoring systems:(a) as regards automated monitoring systems:(a) as regards automated monitoring systems:

G(i) the fact that such systems are in use or are in
the process of being introduced;(i) the fact that such systems are in use or are in
the process of being introduced;G(ii) the categories of data and actions monitored,supervised or evaluated by such systems,
including evaluation by the recipient of theservice;(ii) the categories of actions monitored,supervised or evaluatedsupervised, evaluated or
for which data is collected by such systems,
including evaluation by the recipient of theservice;

Article 6, , point (a)(i)G114(i) the fact that such systems are in use or are in
the process of being introduced;

Article 6, , point (a)(ii)

115(ii) the categories of actions monitored,supervised or evaluated by such systems,
including evaluation by the recipient of theservice;

115a(iia) the aim of the monitoring and how thesystem is to achieve it;

115b(iib) the functioning and mode of operation offeatures that affect the employment relationship,in particular recruitment, access to work
assignments, earnings, health and safety,
working time, promotion, ranking, and therestriction, suspension or termination of
accounts;

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Article 6, , point (b)G116(b) as regards automated decision-making
systems:(b) as regards automated decision-making
systems:(b) as regards automated decision-making
systems:

G(i) the fact that such systems are in use or are in
the process of being introduced;(i) the fact that such systems are in use or are in
the process of being introduced;G(ii) the categories of decisions that are taken or
supported by such systems;(ii) the categories of decisions that are taken or
supported by such systems;G(iii) the categories of data and main parametersthat such systems take into account and therelative importance of those main parameters in
the automated decision-making, including theway in which the platform worker’s personal dataor behaviour influence the decisions and any
performance evaluation mechanisms;(iii) the main parameters that such systems take
into account and the relative importance of thosemain parameters in the automated decisionmaking, including the way in which the platformworker’s personal data or behaviour of the person
performing platform work influence thedecisions;(iv) the grounds for decisions to restrict, suspendor terminate the platform worker’s account, torefuse the remuneration for work performed by
the platform worker, on the platform worker’s
contractual status or any decision with similareffects, the grounds for promotion, for task
allocation and, where decision-making is(iv) the grounds for decisions to restrict, suspendor terminate the account of the person
performing platform worker’s accountwork, torefuse the remunerationpayment for work
performed by the platform worker, on theplatform worker’sthem, as well as for decisions
on their contractual status or any decision with

Article 6, , point (b)(i)G117(i) the fact that such systems are in use or are in
the process of being introduced;

Article 6, , point (b)(ii)G118(ii) the categories of decisions that are taken or
supported by such systems;

Article 6, , point (b)(iii)

119(iii) the main parameters that such systems take
into account and the relative importance of thosemain parameters in the automated decisionmaking, including the way in which the platformworker’s personal data or behaviour influence thedecisions;

Article 6, , point (b)(iv)

120(iv) the grounds for decisions to restrict, suspendor terminate the platform worker’s account, torefuse the remuneration for work performed by
the platform worker, on the platform worker’s
contractual status or any decision with similareffects.

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EP Mandate
supported or based on monitoring andevaluating performance, how behaviour has
been evaluated and the reasons for theevaluation.

Council Mandate
similar effects.

2a. Decisions having an impact on health andsafety and on the contractual relationship or
introducing changes to the agreed terms of theemployment relationship, and decisions to apply
disciplinary measures, or restricting, suspendingor terminating the contractual relationship andthe platform worker’s account, or any decisionof equivalent detriment, shall not be taken by
automated monitoring and decision-making
systems and shall be taken in accordance withnational law and collective agreements.

120a

Article 6(2a)(3)121

3. Digital labour platforms shall provide theinformation referred to in paragraph 2 in the formof a document which may be in electronic format.
They shall provide that information at the latest
on the first working day, as well as in the event of
substantial changes and at any time upon theplatform workers’ request. The information shallbe presented in a concise, transparent, intelligible
and easily accessible form, using clear and plain
language.

32b. Digital labour platforms shall provide theinformation referred to in paragraph 2 in the formof a document which may be in electronic format.
The information They shall provide that
information at the latest on the first working day,as well as in the event of substantial changes andat 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. bepresented 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

3. Digital labour platforms shall provide theinformation referred to in paragraph 21 in theform of a written document which may be inelectronic format. They shall provide that
information at the latest on the first working day,as well as in the event of substantial changes andat any time upon the request of the person
performing platform workers’ requestwork. The
information shall be presented in a concise,transparent, intelligible and easily accessible
form, using clear and plain language.

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conditions, the organisation of work ormonitoring work performance.
Article 6(2a), (3) a
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 thelatest on the first working day, or prior to theintroduction of the changes affecting working
conditions, the organisation of work ormonitoring work performance and at any timeupon 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 toconfidentiality rules established by Article 6a.

121aArticle 6(4)122

4. Digital labour platforms shall make theinformation referred to in paragraph 2 available toplatform workers’ representatives and national
labour authorities upon their request.

4. Digital labour platforms shall always make theinformation referred to in paragraph 2 available tonational labour authorities and other platformworkers’ representatives and national
labourcompetent authorities also upon theirrequest.

4. Digital labour platforms shall also make theinformation referred to in paragraph 21 available
to platform workers’ representatives. They shallalso make this information available tocompetent national and national labour
authorities upon their request.

Article 6(5)123

5. Digital labour platforms shall not process any
personal data concerning platform workers thatare not intrinsically connected to and strictly
necessary for the performance of the contract

5. Digital labour platforms shall not process any
personal data concerning platform workers thatare not intrinsically connected to and strictly
necessary for the performance of the contract

deleted

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between the platform worker and the digitallabour platform. In particular they shall not:EP Mandate

Council Mandate

between the platform worker and the digitallabour platform. In particular they shall not:

Article 6(5), point (a)(a) process any personal data on the emotional or
psychological state of the platform worker;
124(a) process any personal data on the emotional or
psychological state of the platform worker orinfer the emotional or psychological state of theplatform worker by making use of any personal
data collected;

deleted

Article 6(5), point (b)125(b) process any personal data relating to thehealth of the platform worker, except in cases
referred to in Article 9(2), points (b) to (j) of
Regulation (EU) 2016/679;(b) process any personal data relating to thehealth of the platform worker, except in cases
referred to in Article 9(2), points (b) to (j) of
Regulation (EU) 2016/679;

deleted

Article 6(5), point (c)

126

126a

(c) process any personal data in relation to
private conversations, including exchanges withplatform workers’ representatives;(c) process any personal data in relation to
private conversations, including exchanges withor among platform workers and workers’
representatives, also in relation to the possibility
to organise collectively and to defend theirrights;deleted(ca) process any personal data revealing racialor ethnic origin, migration status, politicalopinions, religious or philosophical beliefs,
disability or state of health, including chronic
disease or HIV status, or trade union

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membership and the processing of genetic data,
biometric data for the purpose of uniquely
identifying a person, or data concerning aperson's sex life or sexual orientation;
Article 6(5), point (d)127(d) collect any personal data while the platformworker is not offering or performing platform
work.

(d) collect any personal data while the platformworker is not offering or performing platform
work.

127a

(da) make use of mandatory biometricidentification or disproportionate or undue
surveillance of work performance;

127b(db) under any circumstances provide fordiscriminatory practices when processing
personal data;deleted

Article 6(5), point (da)127c(dc) process personal data to predict, prevent or
restrict the exercise of fundamental rights, inparticular social rights, such as the right ofassociation, the right of collective bargaining
and action or the right to information andconsultation;

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127d(dd) process biometrics-based data.

127e

The protection of personal data as referred to inthis paragraph shall apply to all platformworkers from the recruitment stages before thestart of the employment relationship.

127f

5a. Digital labour platforms shall carry out adata protection impact assessment and shall seek
the views of data subjects or their representatives
on the intended processing. The assessment shallbe carried out once, prior to the introduction of
those processing operations and before anychanges affecting working conditions, theorganisation of work or monitoring work
performance. The information contained in theimpact 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, forconsultation.

127g

Council Mandate

5b. Digital labour platforms shall inform
platform workers and workers’ representatives
about any transfer of personal data within agroup of undertakings, or a group ofundertakings engaged in a joint economic

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activity making use of automated monitoring
systems.

127h

5c. Member States shall ensure that digitallabour platforms provide platform workers withan interface and tools to facilitate effective,
machine-readable data portability that is free ofcharge, including with regard to reputationaldata, the right to rectification, to erasure and tobe forgotten, in accordance with Regulation(EU) 2016/679. Platform workers shall also havethe right not to have those data transferred.

Article 6a
127i
Confidential information
Article 6(5a)127j

1. Member States shall provide that, in thecontext of information and consultation
processes and subject to the conditions andlimits laid down by Union and national law andto 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.

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127k

EP Mandate

Council Mandate

This paragraph shall not apply to:

Article 6(5a), point (a)(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 ofworkers;127l

Article 6(5a), point (b)(b) information concerning elements that may
affect the rights protected by this Directive.

127m
Article 6(5b)2. The digital labour platform shall specify to
the workers’ representatives the objective criteria
used to decide on the confidential nature of theinformation, as well as how long theconfidentiality applies. Member States shalldetermine 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 anurgent administrative or judicial decision.

127n

Article 7
128

Article 7
Human monitoring of automated systems

Article 7
Human monitoring oversight of automated

Article 7
Human monitoring of automated systems

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systems-1. Member States shall ensure that digitallabour platforms provide for human oversight ofall decisions affecting working conditions.

128a

Article 7(1)129

1. Member States shall ensure that digital labour
platforms regularly monitor and evaluate theimpact of individual decisions taken or supported
by automated monitoring and decision-making
systems, as referred to in Article 6(1), on working
conditions.

1. Member States shall ensure that digital labour
platforms, with the involvement of workers’
representatives , oversee and carry out anassessment, regularly and at least annually, ofregularly monitor and evaluate the impact ofindividual decisions taken or supported byautomated monitoring and decision-making
systems, as referred to in Article 6(1), on working
conditions, health and safety and fundamental
rights.

1. Member States shall ensure that digital labour
platforms regularly monitor and regularly
evaluate the impact of individual decisions taken
or supported by automated monitoring andordecision-making systems, as referred to in Article
6(1), on working conditions. on persons
performing platform work.

Article 7(2), first subparagraph130

2. Without prejudice to Council Directive
89/391/EEC and related directives in the field ofsafety and health at work, digital labour platforms
shall:

2. Without prejudice to Council Directive
89/391/EEC and related directives in the field ofsafety and health at work, digital labour platforms
shall:

deleted

Article 7(2), first subparagraph, point (a)131(a) evaluate the risks of automated monitoringand decision-making systems to the safety andhealth of platform workers, in particular as
regards possible risks of work-related accidents,(a) avoid the risks, or evaluate and combat therisks that cannot be avoided, of automatedmonitoring and decision-making systems to thesafety and health of platform workers, indeleted

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Commission Proposal
psychosocial and ergonomic risks;

EP Mandate

Council Mandate

particular including as regards possible risks ofwork-related accidents, psychosocial andergonomic risks;(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;131a

Article 7(2), first subparagraph, point (b)132(b) assess whether the safeguards of thosesystems are appropriate for the risks identified inview of the specific characteristics of the work
environment;(b) assess whether the safeguards of thosesystems are appropriate for the risks identified inview of the specific characteristics of the work
environment;

deleted

Article 7(2), first subparagraph, point (c)133(c) introduce appropriate preventive andprotective measures.

(c) introduce appropriate preventive, corrective
and protective measures.

deleted

Article 7(2), second subparagraph

134

They shall not use automated monitoring anddecision-making systems in any manner that puts
undue pressure on platform workers or otherwise
puts at risk the physical and mental health ofplatform workers.

They shall not use automated monitoring anddecision-making systems in any manner that puts
undue pressure on platform workers or otherwise
puts at risk the physical and mental health ofplatform workers.

deleted

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134a2a. The impact assessment referred to inparagraph 1 shall include the matters referred toin paragraphs 1 and 2 and shall be submitted tothe competent labour and data protection
authorities, and to workers’ representatives.

134b

2b. If the impact assessment referred to inparagraph 1 finds risks to health and safety or
fundamental rights that cannot be avoided nor
mitigated, as referred to in paragraph 2, thedigital labour platform shall immediately cease
the use of the automated system.

134c2c. 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 thephysical and mental health of platform workers.

Council Mandate

Article 7(3)135

3. Member States shall require digital labour
platforms to ensure sufficient human resources formonitoring the impact of individual decisions
taken or supported by automated monitoring anddecision-making systems in accordance with this
Article. The persons charged by the digital labour
platform with the function of monitoring shallhave the necessary competence, training andauthority to exercise that function. They shall

3. Member States shall require digital labour
platforms to ensure sufficient human resources for
effective oversight of monitoring the impact ofindividual decisions taken or supported byautomated 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

3. Member States shall require digital labour
platforms to ensure sufficient human resources formonitoring and evaluating the impact ofindividual decisions taken or supported byautomated monitoring andor decision-making
systems in accordance with this Article. The
persons charged by the digital labour platform
with the function of monitoring and evaluating
shall have the necessary competence, training andProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work (Text with EEA relevance) 2021/0414(COD) 15-06-2023 at 17h52 110/2

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enjoy protection from dismissal, disciplinary
measures or other adverse treatment foroverriding automated decisions or suggestions for
decisions.

reviewing decision-making taken or supported
by automated monitoring or automated decisionmaking systems shall have the necessarycompetence, training and authority to exercisethat function, including the possibility ofintervening 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.

authority to exercise that function, including foroverriding automated decisions. They shall enjoy
protection from dismissal or its equivalent,disciplinary measures or other adverse treatment
for overriding automated decisions or suggestions
for decisions.exercising their functions.

3a. Where an impact assessment as referred toin paragraph 1 is found to be non-compliant
with this Article, the relevant health and safety,
data protection, labour and other competentauthorities shall take coordinated measures toenforce those provisions.

135a

Article 7(3a)4. Information on the evaluation pursuant toparagraph 1 shall be made available to persons
performing platform work and to platformworkers’ representatives. They shall also makethis information available to the competent
national authorities upon their request.

135b

Article 8136

Article 8
Human review of significant decisions

Article 8
Human review of decisions significantly
affecting working conditions significant
decisions

Article 8
Human review of significant decisions

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Council Mandate

1. Member States shall ensure that platformworkers have the right to obtain receive an
explanation from the digital labour platform forany decision taken or supported by an automateddecision-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 thefirst day of application of the decision. In
particular, Member States shall ensure that digitallabour platforms provide platform workers withaccess to a contact person designated by thedigital labour platform to discuss and to clarify
the facts, circumstances and reasons having led tothe decision. Digital labour platforms shall ensurethat such contact persons have the necessarycompetence, training and authority to exercisethat function.

1. Member States shall ensure that persons
performing platform workerswork have the rightto obtain an explanation from the digital labour
platform for any decision taken or supported byan automated decision-making system thatsignificantly affects the platform worker’s
working conditions, as referred to in Article 6(1),point (b). In particular, them without undue
delay. Member States shall ensure that digitallabour platforms provide persons performing
platform workerswork with access to a contact
person designated by the digital labour platform
to discuss and to clarify the facts, circumstancesand reasons having led to the decision. Digitallabour platforms shall ensure that such contact
persons have the necessary competence, training
and authority to exercise that function.

Digital labour platforms shall provide theplatform worker in due time and at the latest on
the first day of application with a written
statement of the reasons for any decision taken or
supported by an automated decision-making
system to restrict access to work assignments, orto restrict, suspend or terminate the platformworker’s account, any decision to refuse theremuneration for work performed by the platformworker, any decision on the platform worker’s

Digital labour platforms shall provide the person
performing platform workerwork with a written
statement of the reasons for any decision taken or
supported by an automated decision-making
system to restrict, suspend or terminate theplatform workerthat person’s account, any
decision to refuse the remunerationpayment forwork performed, any decision on the contractual
status of the person performing platform workby the platform worker, any decision on the

Article 8(1), first subparagraph137

1. Member States shall ensure that platformworkers have the right to obtain an explanationfrom the digital labour platform for any decision
taken or supported by an automated decisionmaking system that significantly affects theplatform worker’s working conditions, as referred
to in Article 6(1), point (b). 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, circumstancesand reasons having led to the decision. Digitallabour platforms shall ensure that such contact
persons have the necessary competence, training
and authority to exercise that function.

Article 8(1), second subparagraph

138

Digital labour platforms shall provide theplatform worker with a written statement of thereasons for any decision taken or supported by anautomated decision-making system 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 or any decision with similar effects.

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contractual status, any decision producing aneffect on the agreed terms of the employment
relationship or any decision with similar effects.
Those decisions shall be taken in accordancewith national law or practice and applicablecollective agreements.

platform worker’s contractual status or any
decision with similar effects, without undue
delay.

2. Where Platform workers are not satisfied withthe explanation or the written statement of
reasons obtained or consider that the decisionreferred to in paragraph 1 infringes their rights,
they and workers’ representatives shall have theright to request the digital labour platform toreview the decisions referred to in paragraph 1that decision. The digital labour platform shall
respond to such request by providing the platformworker with a sufficiently precise and adequately
substantiated reply without undue delay and inany event within one week two weeks of receiptof the request.

2. Where persons performing platformworkerswork are not satisfied with the
explanation or the written statement of reasonsobtained or consider that the decision referred toin paragraph 1 infringes their rights, they shallhave the right to request the digital labour
platform to review that decision. The digitallabour platform shall respond to such request byproviding the person performing platformworkerwork with a substantiated reply in theform of a written document which may be inelectronic format without undue delay and in any
event within one weektwo weeks of receipt of therequest.

Article 8(2), first subparagraph139

2. Where platform workers are not satisfied withthe explanation or the written statement of reasonsobtained or consider that the decision referred toin paragraph 1 infringes their rights, they shallhave the right to request the digital labour
platform to review that decision. The digitallabour platform shall respond to such request byproviding the platform worker with asubstantiated reply without undue delay and inany event within one week of receipt of therequest.

Article 8(2), second subparagraph

140

With regard to digital labour platforms which aremicro, small or medium-sized enterprises,
Member States may provide that the deadline for
reply referred to in the first subparagraph isextended to two weeks.

With regard to digital labour platforms which aremicro, small or medium-sized enterprises,
Member States may provide that the that
deadline for reply referred to in the firstsubparagraph is extended to one month two
weeks.

deleted

Article 8(3)141
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Council Mandate

3. Where the decision referred to in paragraph 1
infringes the platform worker’s rights, the digitallabour platform shall rectify that decision without
delay or, where such rectification is not possible,
offer adequate compensation.

3. Where the decision referred to in paragraph 1
infringes the platform worker’s rights, the digitallabour platform shall rectify that decision without
delay or, where such rectification is not possible,
offer provide adequate compensation, whichshall be proportionate to the gravity of theinfringement.

3. Where the decision referred to in paragraph 1
infringes the platform worker’s rightsrights of aperson performing platform work, the digitallabour platform shall rectify that decision without
delay and in any event within two weeks or,where such rectification is not possible, offer
adequate compensationcompensation for thedamage sustained. The digital labour platform
shall take the necessary steps, including, if
appropriate, a modification of the automateddecision-making system, in order to avoid suchdecisions in the future.

4. This Article shall be without prejudice todismissal procedures or any other disciplinary
procedures laid down in national law, practice orapplicable collective agreements.

4. This Article shall be without prejudice todoes
not affect disciplinary and dismissal procedures
laid down in national law and practices andcollective agreements.

Article 8(4)142

4. This Article shall be without prejudice todismissal procedures laid down in national law.

Article 8(4a)142a5. This Article shall not apply to persons
performing platform work who are also'business users' within the meaning ofRegulation (EU) 2019/1150.

Article 8a142b

Article 8a
Safety and health

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1. Without affecting Council Directive
89/391/EEC and related directives in the field ofsafety and health at work, with regard toplatform workers, digital labour platforms shall:

Article 8a(1)(a)142d(a) evaluate the risks of automated monitoringor decision-making systems to their safety andhealth, in particular as regards possible risks ofwork-related accidents, psychosocial andergonomic risks;

Article 8a(1)(b)142e(b) assess whether the safeguards of thosesystems are appropriate for the risks identified inview of the specific characteristics of the work
environment;

Article 8a(1)(c)142f(c) introduce appropriate preventive andprotective measures.

Article 8a(5)142g

2. Digital labour platforms shall not use
automated monitoring or decision-making
systems in any manner that puts undue pressure
on platform workers or otherwise puts at risk thephysical and mental health of platform workers.

Article 9
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Commission Proposal

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Article 9
Information and consultation

Article 9
Information and consultation

Article 9
Information and consultation

1. Without prejudice to the rights and obligations
under Directive 2002/14/EC, Member States shallensure information and consultation of platformworkers’ representatives or, where there are nosuch representatives, of the platform workers
concerned by digital labour platforms, ondecisions likely to lead to the introduction of or
substantial changes in the use of automatedmonitoring and decision-making systems referred
to in Article 6(1), in accordance with this Article.

1. Without prejudice to the rights and obligations
under Directives 89/391/EEC, Directive
2002/14/EC and 2009/38/EC, Member Statesshall ensure timely information and effective
consultation of platform workers’ representatives
or, where there are no such and workers’
representatives, of the platform workers
concerned by digital labour platforms, ondecisions likely to lead to the introduction of or
substantial changes affecting working conditions
and health and safety in the use of automatedmonitoring and decision-making systems referred
to in Article 6(1), in accordance with this Article.
When defining or implementing practicalarrangements for information and consultation,
the digital labour platform and the workers’
representatives shall work in a spirit ofcooperation and with due regard for theirreciprocal rights and obligations, taking into
account the interests both of the digital labour
platform and of the workers.

1. Without prejudice toaffecting the rights andobligations under Directive 2002/14/EC, Member
States shall ensure information and consultationof platform workers’ representatives or, where
there are no such representatives, of the platformworkers concerned by digital labour platforms, ondecisions likely to lead to the introduction of or
substantial changes in the use of automatedmonitoring andor decision-making systems
referred to in Article 6(1), in accordance with this
Article..

143

G

Article 9(1)144Article 9(2)145

2. For the purposes of this Article, the definitionsof ‘information’ and ‘consultation’ as laid downin Article 2, points (f) and (g), of Directive
2002/14/EC shall apply. The rules laid down in
Article 4(1), (3) and (4), Article 6 and Article 7 of
Directive 2002/14/EC shall apply accordingly.

2. For the purposes of this Article, the definitionsof ‘information’ and ‘consultation’ as laid downin Article 2, points (f) and (g), of Directive
2002/14/EC shall apply. The rules laid down in
Article 4(1), (3) and (4), Article 6 and Article 7
of Directive 2002/14/EC shall apply accordingly.

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Council Mandate

Article 9(2a)2a. Digital labour platforms shall provide theinformation referred to in Article 6(1), (2), (5a)and (5b) and Article 7 to workers’
representatives with sufficient time as to allow athorough examination and effective
consultation. For newly deployed automatedsystems, the consultation shall take place prior
to their use and before any changes affecting
working conditions, the organisation of work or
the monitoring of work performance.

145a

Article 9(3)146

3. The platform workers’ representatives or theplatform workers concerned may be assisted by
an expert of their choice, in so far as this isnecessary for them to examine the matter that is
the subject of information and consultation andformulate an opinion. Where a digital labour
platform has more than 500 platform workers in a
Member State, the expenses for the expert shall beborne by the digital labour platform, provided thatthey are proportionate.

3. The platform workers’ representatives or theplatform workers concerned may be assisted by
an expert of their choice, in so far as this isnecessary for them to examine the matter that is
the subject of information and consultation andformulate an opinion. Where a digital labour
platform has more than 500 platform250 workers
in a Member State, the expenses for the expert
shall be borne by the digital labour platform,
provided that they are proportionate.

3. The platform workers’ representatives or theplatform workers concerned may be assisted by
an expert of their choice, in so far as this isnecessary for them to examine the matter that is
the subject of information and consultation andformulate an opinion. Where a digital labour
platform hasemploys more than 500 platformworkers in athe Member State concerned, theexpenses for the expert shall be borne by thedigital labour platform, provided that they areproportionate. Member States may determine thefrequency of requests for an expert and theupper limit of expenses to be borne by the digitallabour platform, while ensuring the effectivenessof the assistance.

Article 9(3a)146a3a. Information and effective consultation shall

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be ensured irrespective of the automatedmonitoring and decision-making systems being
managed by the digital labour platform or aservice provider which sells its management
services to the platform.
Article 10147

Article 10
Persons performing platform work who do nothave an employment relationship

Article 10
Persons performing platform work who do nothave an employment relationshipdeleted

Article 10(1)148

1. Article 6, Article 7(1) and (3) and Article 8
shall also apply to persons performing platformwork who do not have an employment contract or
employment relationship.

1. Article 6, Article 7(1) and (3) and Article
Articles 6, 7, 8 shall also apply to persons
performing platform work who do not have an
employment contract or employment relationship.

deleted

Article 10(2)149

2. This Article shall be without prejudice toRegulation (EU) 2019/1150. If the provisions of
this Directive conflict with a provision ofRegulation (EU) 2019/1150 in respect of business
users within the meaning of that Regulation, theprovision of that Regulation shall prevail andshall apply to those business users. Article 8 ofthis Directive shall not apply to business users
within the meaning of Regulation (EU)2019/1150.

2. This Article shall be without prejudice toRegulation (EU) 2019/1150. If the provisions of
this Directive conflict with a provision ofRegulation (EU) 2019/1150 in respect of business
users within the meaning of that Regulation, theprovision of that Regulation shall prevail andshall apply to those business users. Article 8 ofthis Directive shall not apply to business users
within the meaning of Regulation (EU)2019/1150.

deleted

149a
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CHAPTER IIIa
CHAPTER IIIa
PROMOTION OF COLLECTIVEBARGAINING
Article 10a
Promotion of collective bargaining in platform
work

149b

1. In accordance with national law and practice,Member States, with the involvement of thesocial partners, shall promote collective
bargaining in platform work, including on thefeatures of automated monitoring and decisionmaking systems, in order to improve working
conditions, by all of the following:

Article 10(2), point (a)149c(a) ensuring that digital labour platforms,
taking into account the size and capacity of theundertaking concerned, provide workers’
representatives with relevant information inorder to exercise their right to collective
bargaining;

149d(b) ensuring that trade unions have the right toaccess platform workers, to meet and contact
workers individually or collectively for the
purpose of organising workers, negotiating on
their behalf and representing them;

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149e(c) providing measures in order to ensure thatthe right of collective bargaining and action is
not undermined by any practice.

149f

2. This Directive shall be without prejudice tothe full respect for the autonomy of the social
partners, as well as to their right to negotiate
and conclude collective agreements.

Council Mandate

CHAPTER IV

G150

CHAPTER IV
TRANSPARENCY ON PLATFORM WORKCHAPTER IV
TRANSPARENCY ON PLATFORM WORKCHAPTER IV
TRANSPARENCY ON PLATFORM WORKG

Article 11
Declaration of platform work

Article 11
Declaration of platform work

Article 11
Declaration of platform work

G

Without prejudice to Regulations (EC) No
883/20041 and 987/20092 of the European
Parliament and of the Council, Member Statesshall require digital labour platforms which areemployers to declare work performed by
platform workers to the competent labour, tax andsocial protection authorities of the Member Statein which the work is performed, to inform thoseauthorities of work performed by persons

Without prejudice to Regulations (EC) No
883/20041 and 987/20092 of the European
Parliament and of the Council, Member Statesshall require digital labour platforms which areemployers to declare work performed by platformworkers to the competent labour and social
protection authorities of the Member State inwhich the work is performed and to share
relevant data with those authorities, in

Article 11

G

151

Article 11, first paragraph152

Without prejudice to Regulations (EC) No
883/20041 and 987/20092 of the European
Parliament and of the Council, Member Statesshall require digital labour platforms which areemployers to declare work performed by platformworkers to the competent labour and social
protection authorities of the Member State inwhich the work is performed and to share relevant
data with those authorities, in accordance with the

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rules and procedures laid down in the law of theMember States concerned.
_________

performing platform work, and theiremployment status and to share relevant data withthose authorities, in accordance with the rules andprocedures laid down in the law of the Member
States concerned, also in order to comply with
their fiscal and social protection obligations inaccordance with national law or practice.
_________

accordance with the rules and procedures laid
down in the law of the Member States concerned.
This shall not affect specific obligations under
Union law according to which work shall bedeclared to relevant bodies of the Member State
in cross-border situations.
_________

1. Regulation (EC) No 883/2004 of the European Parliamentand of the Council of 29 April 2004 on the coordination ofsocial security systems (OJ L 166, 30.4.2004, p. 1).
2. Regulation (EC) No 987/2009 of the European Parliamentand of the Council of 16 September 2009 laying down theprocedure for implementing Regulation (EC) No 883/2004
on the coordination of social security systems (OJ L 284,
30.10.2009, p. 1).

1. Regulation (EC) No 883/2004 of the European Parliamentand of the Council of 29 April 2004 on the coordination ofsocial security systems (OJ L 166, 30.4.2004, p. 1).
2. Regulation (EC) No 987/2009 of the European Parliamentand of the Council of 16 September 2009 laying down theprocedure for implementing Regulation (EC) No 883/2004
on the coordination of social security systems (OJ L 284,
30.10.2009, p. 1).

1. Regulation (EC) No 883/2004 of the European Parliamentand of the Council of 29 April 2004 on the coordination ofsocial security systems (OJ L 166, 30.4.2004, p. 1).
2. Regulation (EC) No 987/2009 of the European Parliamentand of the Council of 16 September 2009 laying down theprocedure for implementing Regulation (EC) No 883/2004
on the coordination of social security systems (OJ L 284,
30.10.2009, p. 1).

Article 12

G

153

Article 12
Access to relevant information on platform work

Article 12
Access to relevant information on platform work

Article 12
Access to relevant information on platform work

1. Where labour, health and safety, social
protection and other relevant authorities exercise
their functions in ensuring compliance with legal
obligations applicable to the employment status of
persons performing platform work and where therepresentatives of persons performing platformwork exercise their representative functions,
Member States shall ensure that digital labour
platforms make the following information
available to them, regardless of the country inwhich the platform is established:

1. Where labour, social protection and otherrelevant authorities exercise their functions inensuring compliance with legal obligations
applicable to the employment status of persons
performing platform work and where therepresentatives of persons performing platformwork exercise their representative functions,
Member States shall ensure that digital labour
platforms make the following information
available to themcompetent national authorities
as well as to representatives of platform workers:

G

Article 12(1)154

1. Where labour, social protection and otherrelevant authorities exercise their functions inensuring compliance with legal obligations
applicable to the employment status of persons
performing platform work and where therepresentatives of persons performing platformwork exercise their representative functions,
Member States shall ensure that digital labour
platforms make the following information
available to them:

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Council Mandate(a) the number of persons performing platformwork through the digital labour platform
concerned on a regular basis and their contractualor employment status;(a) the number of persons performing platformwork through the digital labour platform
concerned on a regular basis and their contractualor employment status;(a) the number of persons performing platformwork through the digital labour platform
concerned on a regular basis and their contractualor employment status;(aa) a copy of the employment contracts, inaccordance with Regulation (EU) 2016/679;

155a
Article 12(1), point (b)156(b) the general terms and conditions applicable tothose contractual relationships, provided thatthose terms and conditions are unilaterally
determined by the digital labour platform andapply to a large number of contractual
relationships.

156a(b) the general terms and conditions applicable tothose contractual relationships, provided thatthose terms and conditions are unilaterally
determined by the digital labour platform andapply to a large number of contractual
relationships.;(b) the general terms and conditions applicable tothose contractual relationships, provided thatthose terms and conditions are unilaterally ,determined by the digital labour platform,
applicable to those contractual relationships,
which and apply to a large number of contractual
relationships.;(ba) the average duration of activity, theaverage weekly number of hours worked perperson and the average income from activity of
persons performing platform work on a regularbasis through the digital labour platform
concerned.

Article 12(1a)156b(c) the intermediaries the digital labour
platform has a contractual relationship with.

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2. The information shall be provided for each
Member State in which persons are performing
platform work through the digital labour platform
concerned. The information shall be updated atleast every six months, and, as regards paragraph
1, point (b), each time the terms and conditions
are modified.

2. The information shall be provided for each
Member State in which persons are performing
platform work through the digital labour platform
concerned. The information shall be updated atleast every six months, and, as regards paragraph
1, point (b), each time the terms and conditions
are modified.

2. The information shall be provided for each
Member State in which persons are performing
platform work through the digital labour platform
concerned. The information shall be updated atleast every six months, and, as regards paragraph
1, point (b), each time the terms and conditions
are substantially modified.

3. Labour, social protection and other relevant
authorities and representatives of persons
performing platform work shall have the right to
ask digital labour platforms for additional
clarifications and details regarding any of the data
provided. The digital labour platforms shall
respond to such request by providing asubstantiated reply without undue delay and inany event within one month of receipt of therequest. That deadline shall be extended to twomonths for micro and small enterprises within areasonable period of time by providing asubstantiated reply.

3. Labour, social protection and other relevant
authoritiesThe competent authorities set out inparagraph 1 and representatives of persons
performing platform workworkers shall have theright to ask digital labour platforms for additional
clarifications and details regarding any of thedatainformation provided. The digital labour
platforms shall respond to such request within areasonable period of time by providing asubstantiated reply.

4. With regard to digital labour platforms which
are micro, small or medium-sized enterprises,
Member States may provide that the periodicity
for updating information in accordance withparagraph 2 is reduced to once every year.

4. With regard to digital labour platforms which
are micro, small or medium-sized enterprises,
Member States may provide that the periodicity
for updating information in accordance withparagraph 2 is reduced to once every year.

Article 12(2)157

Article 12(3)158

3. Labour, social protection and other relevant
authorities and representatives of persons
performing platform work shall have the right to
ask digital labour platforms for additional
clarifications and details regarding any of the data
provided. The digital labour platforms shall
respond to such request within a reasonable
period of time by providing a substantiated reply.

Article 12(4)159

4. With regard to digital labour platforms which
are micro, small or medium-sized enterprises,
Member States may provide that the periodicity
for updating information in accordance withparagraph 2 is reduced to once every year.

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159a

Article 12a
Cooperation in cross-border cases

159b

1. The competent labour, social protection andtax authorities shall exchange information withrespect to persons performing platform work in a
Member State different from that in which thedigital labour platform is established. To that
end, competent national authorities shall be able
to rely on existing relevant systems for exchange
of information, including the Commission’sInternal Market Information System and
EURES.

159c

Council Mandate

2. Without prejudice to Regulation (EU)2019/1149, for cases having a cross-border
relevance, the European Labour Authority shall
facilitate and support cooperation between thecompetent national authorities in charge ofmonitoring the enforcement of labour mobility
and social security coordination legislation, as
well as to support cooperation between Member
States in tackling undeclared work, facilitate
access to information on rights and obligations
regarding labour mobility across the Union,
including those stemming from Union law,promote effective cooperation and exchange of
information between Member States, andcoordinate and support concerted and joint
inspections, where requested by one or more

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Member States.

159d

Article 12b
Subcontracting liability

159e

1. Member States shall, after consulting therelevant social partners in accordance withnational law and practice, provide for measures
to ensure that in subcontracting chains persons
performing platform work have an effective
remedy whereby the digital labour platform ofwhich the employer is a subcontractor can beheld liable, in addition to or in the place of theemployer, for any infringement of the platformworkers' rights provided for in this Directive,
including with respect to any outstanding
remuneration and contributions due to thecommon funds or institutions of the social
partners.

159f

2. The liability of digital labour platforms under
this Article shall be limited to worker's rights
acquired during the contractual relationshipbetween the contractor and the subcontractor.

159g

3. Member States may, in accordance with

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Union law, provide for more stringent liability
rules under national law on a nondiscriminatory and proportionate basis withregard to the scope and range of subcontracting
liability.

4. Without prejudice to paragraphs 1, 2 and 3,
Member States may take other appropriate
enforcement measures, in accordance with
Union and national law and practice, which
provide for, in a subcontracting relationship,
effective and proportionate penalties against thecontractor, to tackle fraud and abuse insituations when workers have difficulties in
obtaining their rights.

159h

CHAPTER V

G160

CHAPTER V
REMEDIES AND ENFORCEMENT

CHAPTER V
REMEDIES AND ENFORCEMENT

CHAPTER V
REMEDIES AND ENFORCEMENTG

Article 13
Right to redress

Article 13
Right to redress

Article 13
Right to redress

G

Article 13

G

161
Article 13, first paragraph162

Without prejudice to Articles 79 and 82 ofRegulation (EU) 2016/679, Member States shallensure that persons performing platform work,
including those whose employment or other

1. Without prejudice to Articles 79 and 82 ofRegulation (EU) 2016/679 and Article 13 of
Directive 2009/52/EC, Member States shallensure that persons performing platform work,

Without prejudice toaffecting Articles 79 and 82
of Regulation (EU) 2016/679, Member Statesshall ensure that, persons performing platform
work, including those whose employment or other

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contractual relationship has ended, have access toeffective and impartial dispute resolution and aright to redress, including adequate compensation,in the case of infringements of their rights arisingfrom this Directive.

including those whose employment or othercontractual relationship has ended, have access toappropriate, timely, effective and impartial
dispute resolution and a right to redress, including
adequate compensation, in the case of
infringements of their rights arising from thisDirective. Access to such dispute resolution andright to redress shall be free of charge, at least
for workers who do not have sufficient means.

contractual relationship has ended, have access toeffective and impartial dispute resolution and aright to redress, including adequate compensation
for the damage sustained, in the case of
infringements of their rights arising from thisDirective.

2. Member States shall ensure that persons
performing platform work have the right tolodge a complaint with the competentsupervisory authority.

162a

Article 14

G

Article 14
Procedures on behalf or in support of persons
performing platform work

Article 14
Procedures on behalf or in support of persons
performing platform work

Article 14
Procedures on behalf or in support of persons
performing platform work

1. Without prejudice to Article 80 of Regulation(EU) 2016/679, Member States shall ensure that
representatives of persons performing platformwork or other legal entities which have, in
accordance with the criteria laid down by nationallaw or practice, a legitimate interest in defending
the rights of persons performing platform work,
may engage in any judicial or administrative
procedure to enforce any of the rights or
obligations arising from this Directive. They may

1. Without prejudice to Article 80 of Regulation(EU) 2016/679, and Article 13 of Directive
2009/52/EC, and in accordance with Directive
2002/14/EC, Member States shall ensure that
representatives of persons performing platformwork or other legal entities which have, in
accordance with the criteria laid down by nationallaw or practice, a legitimate interest in defending
the rights of persons performing platform work,
may engage in any judicial or administrative

1. Without prejudice toaffecting Article 80 ofRegulation (EU) 2016/679, Member States shallensure that representatives of persons performing
platform work or otherand legal entities which
have, in accordance with the criteria laid down bynational law or practice, a legitimate interest in
defending the rights of persons performing
platform work, may engage in any judicial oradministrative procedure to enforce any of therights or obligations arising from this Directive.

163

G

Article 14(1)164

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act on behalf or in support of a person performing
platform work in the case of an infringement of
any right or obligation arising from this Directive,
with that person’s approval.

procedure to enforce any of the rights or
obligations arising from this Directive. They may
act on behalf or in support of a person performing
platform work in the case of an infringement of
any right or obligation arising from this Directive,
with that person’s approval where relevant and inaccordance with national law or practice.

They may act on behalf or in support of apersonone or several persons performing
platform work in the case of an infringement of
any right or obligation arising from this Directive,in accordance with national law and practicewith that person’s approval.

Article 14(2)165

2. Representatives of persons performing
platform work shall also have the right to act onbehalf or in support of several persons performing
platform work, with those persons’ approval.

165a

2. Representatives of persons performing
platform work shall also have the right to act onbehalf or in support of several persons performing
platform work, in accordance with national law
or practice with those persons’ approval.

deleted2a. Paragraphs 1 and 2 shall apply without
prejudice to the competences of trade unions as
set out in national law or practice.

Article 14(2a)165b2a. When necessary for the defence of the rightsof persons performing platform work withregard to the protection of their personal data,
digital labour platforms shall make theinformation referred to in Article 6, paragraph 4
and Article 7, paragraph 4, available torepresentatives of persons performing platformwork other than representatives of platformworkers.

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2b. Paragraphs 1 and 2 shall apply without
prejudice to national rules of procedure
concerning representation and defence in court
proceedings.

165c

Article 15

166

Article 15
Communication channels for persons performing
platform work

Article 15
Communication and reporting channels for
persons performing platform work

Article 15
Communication channels for persons performing
platform work

1. Member States shall take the necessary
measures to ensure that digital labour platforms
create the possibility for persons performing
platform work to contact and communicate
privately and securely with each other, and to becontacted by trade unions and representatives of
persons performing platform work, through thedigital labour platforms’ digital infrastructure orsimilarly effective means in visible andimmediately accessible way, while complying
with the obligations under Regulation (EU)2016/679. Member States shall require digitallabour platforms to refrain from accessing suchchannels other than for their functional
maintenance or from accessing or monitoring
those contacts and communications.

Member States shall take the necessary measures
to ensure that digital labour platforms create thepossibility for persons performing platform work
to contact and communicate with each other, andto be contacted by representatives of persons
performing platform workcontact andcommunicate with worker’s representatives,
through the digital labour platforms’ digital
infrastructure or similarly effective means, while
complying with the obligations under Regulation(EU) 2016/679 and Directive 2002/58/EC.
Member States shall require digital labour
platforms to refrain from accessing or monitoring
those contacts and communications.

Article 15, first paragraph

167

167a

Member States shall take the necessary measures
to ensure that digital labour platforms create thepossibility for persons performing platform work
to contact and communicate with each other, andto be contacted by representatives of persons
performing platform work, through the digitallabour platforms’ digital infrastructure orsimilarly effective means, while complying withthe obligations under Regulation (EU) 2016/679.
Member States shall require digital labour
platforms to refrain from accessing or monitoring
those contacts and communications.

2. In order to safeguard persons performing
platform work from violence, including gender-

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based violence and harassment, Member Statesshall take the necessary measures to ensure that
digital labour platforms develop policies against
violence and harassment and take preventative
measures, in particular by creating, with the
involvement of representatives of persons
performing platform work, effective reporting
channels through the digital labour platforms,
digital infrastructure or similarly effectivemeans, while complying with the obligations
under Regulation (EU) 2016/679. Digital labour
platforms shall ensure that the privacy of thoseindividuals and the confidentiality of the reports
are duly protected. Member States shall require
digital labour platforms to have effective andtimely preventative and protective measures andinvestigation mechanisms to address suchreports.
Article 16

G

Article 16
Access to evidence

Article 16
Access to evidence

Article 16
Access to evidence

1. Member States shall ensure that in proceedings
concerning a claim regarding correct
determination of the employment status of
persons performing platform work, national
courts or competent authorities are able to orderthe digital labour platform to disclose any relevant
evidence which lies in their control.

1. Member States shall ensure that in proceedings
concerning a claim regarding correct
determination of the employment status of persons
performing platform work the provisions of thisDirective, national courts or competent authorities
are able to order the digital labour platform todisclose any relevant evidence which lies in theircontrol, irrespective of where the digital labour
platform is established and of whether the
automated monitoring and decision-making

1. Member States shall ensure that in proceedings
concerning a claim regarding correct
determination of the employment status of persons
performing platform workthe proceedings
referred to in Article 4a, national courts orcompetent authorities are able to order the digitallabour platform to disclose any relevant evidence
which lies in their control.

168

G

Article 16(1)169

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systems is managed by the digital labour
platform or a service provider which sells its
management services to the platform.
Article 16(2)170

2. Member States shall ensure that national courts
have the power to order the disclosure of evidence
containing confidential information where they
consider it relevant to the claim. They shall ensure
that, when ordering the disclosure of suchinformation, national courts have at their disposal
effective measures to protect such information.

2. Member States shall ensure that national courts
have the power to order the disclosure of evidence
containing confidential information where they
consider it relevant to the claim. They shall ensure
that, when ordering the disclosure of suchinformation, national courts have at their disposal
effective measures to protect such information.

2. Member States shall ensure that national courts
have the power to order the disclosure of evidence
containing confidential information where they
consider it relevant to the claimproceeding. They
shall ensure that, when ordering the disclosure ofsuch information, national courts have at theirdisposal effective measures to protect suchinformation.

Article 16(3)171

3. This Article shall not prevent Member Statesfrom maintaining or introducing rules which are
more favourable to persons performing platformwork.

3. This Article shall not prevent Member Statesfrom maintaining or introducing rules which are
more favourable to persons performing platformwork.

Article 17
Protection against adverse treatment orconsequences

Article 17
Protection against adverse treatment orconsequences

Article 17
Protection against adverse treatment orconsequences

1. Member States shall introduce the measuresnecessary to protect persons performing platform
work, including those who are theirrepresentatives, from any adverse treatment by theMember States shall introduce the measuresnecessary to protect persons performing platform
work, including those among them who are theirrepresentatives, from any adverse treatment by thedeleted

Article 17

G

172

G

Article 17, first paragraph

173

Member States shall introduce the measuresnecessary to protect persons performing platform
work, including those who are theirrepresentatives, from any adverse treatment by the

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digital labour platform and from any adverse
consequences resulting from a complaint lodged
with the digital labour platform or resulting fromany proceedings initiated with the aim ofenforcing compliance with the rights provided forin this Directive.

digital labour platform and from any adverse
consequences resulting from a complaint lodged
with the digital labour platform or resulting fromany proceedings initiated with the aim ofenforcing compliance with the rights provided forin this Directive.

digital labour platform and from any adverse
consequences resulting from a complaint lodged
with the digital labour platform or resulting fromany proceedings initiated with the aim ofenforcing compliance with the rights provided forin this Directive.

2. Digital labour platforms shall refrain fromany act or omission that could directly or
indirectly undermine the right of association or
to join a trade union or the right of collective
bargaining and action, or which discriminates
against workers and trade union representatives
who participate or wish to participate incollective bargaining.

173a

Article 18

G

Article 18
Protection from dismissal

174

Article 18
Protection from dismissal

Article 18
Protection from dismissal

G

Article 18(1)175

1. Member States shall take the necessary
measures to prohibit the dismissal or its
equivalent and all preparations for dismissal or its
equivalent of persons performing platform work,on the grounds that they have exercised the rights
provided for in this Directive.

1. Member States shall take the necessary
measures to prohibit the dismissal or its
equivalent, and all preparations for dismissal orits equivalent, including a suspension of theaccount, of persons performing platform work, on
the grounds that they have exercised the rights
provided for in this Directive.

1. Member States shall take the necessary
measures to prohibit the dismissal, termination ofcontract or their or its equivalent and all
preparations for dismissal, termination ofcontract or their or its equivalent of persons
performing platform work, on the grounds thatthey have exercised the rights provided for in thisDirective.

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2. Persons performing platform work who
consider that they have been dismissed, or havebeen subject to measures with equivalent effect,on the grounds that they have exercised the rights
provided for in this Directive, may request thedigital labour platform to provide duly
substantiated grounds for the dismissal or theequivalent measures. The digital labour platform
shall provide those grounds in writing.

2. Persons performing platform work who
consider that they have been dismissed, or havebeen subject to measures with equivalent effect,on the grounds that they have exercised the rights
provided for in this Directive, may request thedigital labour platform to provide duly
substantiated grounds for the dismissal or theequivalent measures. The digital labour platform
shall provide those grounds in writing.

2. Persons performing platform work who
consider that they have been dismissed, theircontract has been terminated or have been
subject to measures with equivalent effect, on the
grounds that they have exercised the rights
provided for in this Directive, may request thedigital labour platform to provide duly
substantiated grounds for the dismissal,
termination of contract or any or the equivalentmeasures. The digital labour platform shallprovide those grounds in writing without undue
delay.

3. Member States shall take the necessary
measures to ensure that, when persons performing
platform work referred to in paragraph 2
establish, before a court or other competentauthority or body, facts from which it may bepresumed that there has been such a dismissal orequivalent measures, it shall be for the digitallabour platform to prove that the dismissal orequivalent measures were based on grounds otherthan those referred to in paragraph 1.

3. Member States shall take the necessary
measures to ensure that, when persons performing
platform work referred to in paragraph 2
establish, before a court or other competentauthority or body, facts from which it may bepresumed that there has been such a dismissal, ,termination of contract or equivalent measures, it
shall be for the digital labour platform to provethat the dismissal, termination of contract orequivalent measures were based on grounds otherthan those referred to in paragraph 1.

Article 18(3)177

3. Member States shall take the necessary
measures to ensure that, when persons performing
platform work referred to in paragraph 2
establish, before a court or other competentauthority or body, facts from which it may bepresumed that there has been such a dismissal orequivalent measures, it shall be for the digitallabour platform to prove that the dismissal orequivalent measures were based on grounds otherthan those referred to in paragraph 1.

Article 18(4)178

4. Paragraph 3 shall not prevent Member Statesfrom introducing rules of evidence which are
more favourable to persons performing platformwork.

4. Paragraph 3 shall not prevent Member Statesfrom introducing rules of evidence which are
more favourable to persons performing platform
work.

deleted

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179

Commission Proposal

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Council Mandate

5. Member States shall not be required to apply
paragraph 3 to proceedings in which it is for the
court or other competent authority or body toinvestigate the facts of the case.

5. Member States shall not be required to apply
paragraph 3 to proceedings in which it is for the
court or other competent authority or body toinvestigate the facts of the case.

5. Member States shall not be required to apply
paragraph 3 to proceedings in which it is for the
court or other competent authority or body toinvestigate the facts of the case.

G

6. Paragraph 3 shall not apply to criminal
proceedings, unless otherwise provided by theMember State.

6. Paragraph 3 shall not apply to criminal
proceedings, unless otherwise provided by theMember State.

G

Article 18(6)G

180

6. Paragraph 3 shall not apply to criminal
proceedings, unless otherwise provided by theMember State.

Article 19

G

Article 19
Supervision and penalties

Article 19
Supervision and penalties

Article 19
Supervision and penalties

1. The supervisory authority or authorities
responsible for monitoring the application ofRegulation (EU) 2016/679 shall also be
responsible for monitoring the application of
Article 6, Article 7(1) and (3) and Articles 8 and
10 of this Directive, in accordance with therelevant provisions in Chapters VI, VII and VIII
of Regulation (EU) 2016/679. They shall becompetent to impose administrative fines up to
the amount referred to in Article 83(5) of that
Regulation.

1. The supervisory authority or authorities
responsible for monitoring the application ofRegulation (EU) 2016/679 shall also be
responsible for monitoring the application of
Article 6, Article 7(1) and (3) and Articles 8 and
10 , 10 and 15 of this Directive, in accordancewith the relevant provisions in Chapters VI, VII
and VIII of Regulation (EU) 2016/679, together
with national labour authorities. The
supervisory authority or authorities responsible
for monitoring the application of Regulation(EU) 2016/679. They shall be competent toimpose administrative fines up to the amountreferred to in Article 83(4), (5) and (6) 83(5) ofthat Regulation.

1. The supervisory authority or authorities
responsible for monitoring the application ofRegulation (EU) 2016/679 shall also be
responsible for monitoring and enforcing theapplication of Article 6, Article 7(1) and (3) and
Articles 8 and 105a to 8 of this Directive, in
accordance with the relevant provisions in
Chapters VI, VII and VIII of Regulation (EU)2016/679. They shall be competent to impose
administrative fines up to the amount referred toin Article 83(5) of that RegulationThe ceiling foradministrative fines referred to in Article 83(5)of that Regulation shall be applicable toinfringements of Articles 5a to 8 of thisDirective.

181

G

Article 19(1)182

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2. The authorities referred to in paragraph 1 andnational labour and social protection authorities
shall, where relevant, cooperate in theenforcement of this Directive, within the remit of
their respective competences, in particular wherequestions on the impact of automated monitoringand decision-making systems on working
conditions or on rights of persons performing
platform work arise. For that purpose, thoseauthorities shall exchange relevant information
with each other, including information obtained in
the context of inspections or investigations, either
upon request or at their own initiative.

2. The authorities referred to in paragraph 1 andnational labour and social protection authorities
shall, where relevant, cooperate in theenforcement of this Directive, within the remit of
their respective competences, in particular wherequestions on the impact of automated monitoringand decision-making systems on working
conditions or on rights of persons performing
platform work arise. For that purpose, thoseauthorities shall exchange relevant information
with each other, including in cross-bordersituations and including information obtained in
the context of inspections or investigations, either
upon request or at their own initiative.

2. The authorities referred to in paragraph 1 andnational labour and social protectionothercompetent national authorities shall, where
relevant, cooperate in the enforcement of thisDirective, within the remit of their respective
competences, in particular where questions on theimpact of automated monitoring andor decisionmaking systems on working conditions or on
rights of persons performing platform work arise.
For that purpose, those authorities shall exchange
relevant information with each other, including
information obtained in the context of inspections
or investigations, either upon request or at theirown initiative.

3. Member States shall lay down the rules on
penalties, including financial penalties,
applicable to infringements of national provisions
adopted pursuant to provisions of this Directive
other than those referred to in paragraph 1 or of
the relevant provisions already in force
concerning the rights which are within the scopeof this Directive. The penalties provided for shallbe effective, proportionate and dissuasive.

3. Without prejudice to paragraph 1, Member
States shall lay down the rules on penalties
applicable to infringements of national provisions
adopted pursuant to provisions of this Directive
other than those referred to in paragraph 1 or of
the relevant provisions already in force
concerning the rights which are within the scopeof this Directive. The penalties provided for shallbe effective, proportionate and dissuasive.

Article 19(2)183

Article 19(3)

184

184a

3. Member States shall lay down the rules on
penalties applicable to infringements of national
provisions adopted pursuant to provisions of thisDirective other than those referred to in paragraph
1 or of the relevant provisions already in force
concerning the rights which are within the scopeof this Directive. The penalties provided for shallbe effective, proportionate and dissuasive.

3a. The penalties referred to in paragraph 3
shall include financial penalties that areproportionate to the nature, gravity and durationof the undertaking’s infringement and whichshall increase in amount according to the

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number of affected employees.

184b

In the case of infringements related to digitallabour platforms’ refusal to comply with a legal
ruling determining the employment status of
persons performing platform work, Member
States shall provide for significant financial
penalties, equivalent to those related toinfringements of Regulation (EU) 2016/679,
which may include setting a percentage of thedigital labour platform’s total annual turnoverin the preceding financial year.

184c

3b. The penalties referred to in paragraph 3
may, where appropriate, include:

184d(a) orders excluding the undertaking from anentitlement to some or all public benefits, aids or
subsidies, including Union funds managed by
the relevant Member States, for a period of up to
three years;

184e(b) orders excluding the undertaking fromparticipating in a public contract as defined in
Directive 2014/24/EU of the European
Parliament and of the Council1.

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1. Directive 2014/24/EU of the European Parliament and of
the Council of 26 February 2014 on public procurement
and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p.
65).

CHAPTER VI

G

CHAPTER VI
FINAL PROVISIONSCHAPTER VI
FINAL PROVISIONSCHAPTER VI
FINAL PROVISIONSG

Article 20
Non-regression and more favourable provisions

Article 20
Non-regression and more favourable provisions

Article 20
Non-regression and more favourable provisionsG

1. This Directive shall not constitute valid
grounds for reducing the general level ofprotection already afforded to workers within
Member States.

1. This Directive shall not constitute valid
grounds for reducing the general level ofprotection already afforded to platform workers
within Member States, including with regards toestablished procedures for the correct
determination of the employmnent status of
persons persorming platform work. In
particular, the legal presumption set out in
Article 4 shall not affect existing national rules
providing for reclassification procedures which
are more favourable to platform workers.

2. This Directive shall not affect the Member
States’ prerogative to apply or to introduce laws,

2. This Directive shall not affect the Member
States’ prerogative to apply or to introduce laws,

185
Article 20

G

186

Article 20(1)1. This Directive shall not constitute valid
grounds for reducing the general level ofprotection already afforded to workers within
Member States.
187

Article 20(2)188

2. This Directive shall not affect the Member
States’ prerogative to apply or to introduce laws,

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regulations or administrative provisions which are
more favourable to platform workers, or toencourage or permit the application of collective
agreements which are more favourable toplatform workers, in line with the objectives ofthis Directive. As regards persons performing
platform work who are not in an employment
relationship, this paragraph shall only apply
insofar as such national rules are compatible withthe rules on the functioning of the internal market.

regulations or administrative provisions which are
more favourable to platform workers, or toencourage or permit the application of collective
agreements which are more favourable toplatform workers, in line with the objectives ofthis Directive. As regards persons performing
platform work who are not in an employment
relationship, this paragraph shall only apply
insofar as such national rules are compatible withthe rules on the functioning of the internal market.

regulations or administrative provisions which are
more favourable to platform workers, or toencourage or permit the application of collective
agreements which are more favourable toplatform workers, in line with the objectives ofthis Directive. As regards persons performing
platform work who are not in an employment
relationship, this paragraph shall only apply
insofar as such national rules are compatible withthe rules on the functioning of the internal market.

3. This Directive is without prejudice to any
other rights conferred on persons performing
platform work by other legal acts of the Union.

3. This Directive is without prejudice to any
other rights conferred on persons performing
platform work by other legal acts of the Union.

Article 20(3)G

189

3. This Directive is without prejudice to any
other rights conferred on persons performing
platform work by other legal acts of the Union.

189a

G

Article 20a
Dissemination of information
Member States shall ensure that the national
measures transposing this Directive, together
with the relevant provisions already in force
relating to the subject matter as set out in Article
1, are brought to the attention of persons
performing platform work and digital labour
platforms, including SMEs as well as to thegeneral public. That information shall be
provided in a comprehensive and easily
accessible way, including to persons withdisabilities and where necessary in the most
relevant language(s), as determined by theMember State concerned.

Article 20a
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Commission Proposal

EP Mandate

Council Mandate
Article 20a

189b
Article 20a(1)Member States may, by law or by collective
agreements, provide for more specific rules toensure the protection of the rights and freedoms
in respect of the processing of persons
performing platform work's personal data under
Articles 6, 7 and 8 of this Directive. Member
States may allow the social partners to maintain,
negotiate, conclude and enforce collective
agreements, in accordance with national law orpractice, which, while respecting the overall
protection of platform workers, establish
arrangements concerning platform work which
differ from those referred to in Articles 8a, 9, 11
and 12 of this Directive.

189c

Article 21

G

190

Article 21
Transposition and implementation

Article 21
Transposition and implementation

Article 21
Transposition and implementationG

1. Member States shall bring into force the laws,
regulations and administrative provisions
necessary to comply with this Directive by [2years after entry into force] at the latest. They
shall immediately inform the Commission
thereof.

1. Member States shall bring into force the laws,
regulations and administrative provisions
necessary to comply with this Directive by [2years after entry into force] at the latest. They
shall immediately inform the Commission
thereof.

G

Article 21(1), first subparagraphG191

1. Member States shall bring into force the laws,
regulations and administrative provisions
necessary to comply with this Directive by [2years after entry into force] at the latest. They
shall immediately inform the Commission
thereof.

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Commission Proposal

EP Mandate

Council Mandate

When Member States adopt those provisions, theyshall contain a reference to this Directive or beaccompanied by such a reference on the occasionof their official publication. The methods ofmaking such reference shall be laid down by
Member States.

When Member States adopt those provisions, theyshall contain a reference to this Directive or beaccompanied by such a reference on the occasionof their official publication. The methods ofmaking such reference shall be laid down by
Member States.

2. Member States shall communicate to theCommission the text of the main provisions ofnational law which they adopt in the field coveredby this Directive.

2. Member States shall communicate to theCommission the text of the main
provisionsmeasures of national law which they
adopt in the field covered by this Directive.

3. Member States shall, in accordance with theirnational law and practice, take adequate measures
to ensure the effective involvement of the social
partners and to promote and enhance social
dialogue with a view to implementing thisDirective.

3. Member States shall, in accordance with theirnational law and practice, take adequate measures
to ensure the effective involvement of the social
partners and to promote and enhance social
dialogue with a view to implementing thisDirective.

G

4. Member States may entrust the social partners
with the implementation of this Directive, where
the social partners jointly request to do so andprovided that Member States take all necessary
steps to ensure that they can at all times guarantee
the results sought under this Directive.

4. Member States may entrust the social partners
with the implementation of this Directive, where
the social partners jointly request to do so andprovided that Member States take all necessary
steps to ensure that they can at all times guarantee
the results sought under this Directive.

G

Article 21(1), second subparagraph

G

192

When Member States adopt those provisions, theyshall contain a reference to this Directive or beaccompanied by such a reference on the occasionof their official publication. The methods ofmaking such reference shall be laid down by
Member States.

G

Article 21(2)193

2. Member States shall communicate to theCommission the text of the main provisions ofnational law which they adopt in the field coveredby this Directive.

Article 21(3)G

194

3. Member States shall, in accordance with theirnational law and practice, take adequate measures
to ensure the effective involvement of the social
partners and to promote and enhance social
dialogue with a view to implementing thisDirective.

Article 21(4)G

195

4. Member States may entrust the social partners
with the implementation of this Directive, where
the social partners jointly request to do so andprovided that Member States take all necessary
steps to ensure that they can at all times guarantee
the results sought under this Directive.

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Commission Proposal

EP Mandate

Council Mandate

Article 22
Review by the Commission

Article 22
Review by the Commission

Article 22
Review by the Commission

By [5 years after entry into force], theCommission shall, after consulting the Member
States, the social partners at Union level and key
stakeholders, and taking into account the impact
on micro, small and medium-sized enterprises,
review the implementation of this Directive andpropose, where appropriate, legislative
amendments.

By [5 years after entry into force], theCommission shall, after consulting the Member
States, the social partners at Union level and key
stakeholders, and taking into account the impact
on micro, small and medium-sized enterprises,
review the implementation of this Directive andpropose, where appropriate, legislative
amendments.

By [5 years after entry into force], theCommission shall, after consulting the Member
States, the social partners at Union level and key
stakeholders, and taking into account the impact
on micro, small and medium-sized enterprises,
review the implementation of this Directive andpropose, where appropriate, legislative
amendments. In such review, the Commission
shall pay particular attention to the impact of theuse of intermediaries on the overall
implementation of this Directive.

Article 23
Entry into force

Article 23
Entry into force

Article 23
Entry into force

This Directive shall enter into force on thetwentieth day following that of its publication in
the Official Journal of the European Union.

This Directive shall enter into force on thetwentieth day following that of its publication in
the Official Journal of the European Union.

This Directive shall enter into force on thetwentieth day following that of its publication in
the Official Journal of the European Union.

Article 24
Addressees

Article 24
Addressees

Article 24
Addressees

Article 22

G

196

G

Article 22, first paragraph197

Article 23

G

198

G

Article 23, first paragraph

G

199

G

Article 24
G

200

G

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Commission Proposal

EP Mandate

Council Mandate

This Directive is addressed to the Member States.

This Directive is addressed to the Member States.

This Directive is addressed to the Member States.

Done at Brussels,

Done at Brussels,

Done at Brussels,

For the European Parliament

For the European Parliament

For the European ParliamentG

The President

The President

The President

G

For the Council

For the Council

For the Council

G

The President

The President

The President

G

Article 24, first paragraph
G

201

G

Formula202
FormulaG

203
FormulaG

204
FormulaG

205
FormulaG

206

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