%0 Report %1 poncedelcastillo2022regulating %A Ponce Del Castillo, Aída %A Naranjo, Diego %C Brussels %D 2022 %K Platform_Work_Directive algorithmic_management platform_work regulation %N 2022.08 %T Regulating algorithmic management: An assessment of the EC’s draft Directive on improving working conditions in platform work %U https://www.etui.org/sites/default/files/2022-08/Regulating%20algorithmic%20management-An%20assessment%20of%20the%20ECs%20draft%20Directive%20on%20improving%20working%20conditions%20in%20platform%20work-2022.pdf %X The draft Directive on improving working conditions in platform work (Platform Work Directive) clarifies the employment status and working conditions of platform workers. Importantly, it also focuses on regulating algorithmic management. While a step in the right direction, the chapter on algorithmic management fails to deliver the full benefits workers might have expected:by importing some GDPR rights only into the draft Platform Work Directive without fixing pre-existing shortcomings, the legislator has helped to foster an inconsistent regulatory environment that places workers in legal uncertainty and unable to exercise important rights. Fair and transparent algorithmic management should be guaranteed by strengthening workers’ ability to fully exercise their rights of access to their data, rectification, erasure, restriction of processing and data portability. The final Platform Work Directive should set limits on algorithmic management: by default; automated decisions should be presumed to be fully automated, unless the digital platform demonstrates meaningful human intervention. Recent court cases have shown that platforms often falsely claim that algorithm-based decisions were made by a human or with human involvement.

@techreport{poncedelcastillo2022regulating, abstract = {The draft Directive on improving working conditions in platform work (Platform Work Directive) clarifies the employment status and working conditions of platform workers. Importantly, it also focuses on regulating algorithmic management. While a step in the right direction, the chapter on algorithmic management fails to deliver the full benefits workers might have expected:by importing some GDPR rights only into the draft Platform Work Directive without fixing pre-existing shortcomings, the legislator has helped to foster an inconsistent regulatory environment that places workers in legal uncertainty and unable to exercise important rights. Fair and transparent algorithmic management should be guaranteed by strengthening workers’ ability to fully exercise their rights of access to their data, rectification, erasure, restriction of processing and data portability. The final Platform Work Directive should set limits on algorithmic management: by default; automated decisions should be presumed to be fully automated, unless the digital platform demonstrates meaningful human intervention. Recent court cases have shown that platforms often falsely claim that algorithm-based decisions were made by a human or with human involvement.}, added-at = {2024-05-12T15:38:44.000+0200}, address = {Brussels}, author = {Ponce Del Castillo, Aída and Naranjo, Diego}, biburl = {https://www.bibsonomy.org/bibtex/2ca636480e2eca06e9c7f316c225b3dd6/meneteqel}, institution = {European Trade Union Institute}, interhash = {197ee9fb71d655b610a50b9bbd1cbfc6}, intrahash = {ca636480e2eca06e9c7f316c225b3dd6}, keywords = {Platform_Work_Directive algorithmic_management platform_work regulation}, language = {en-UK}, number = {2022.08}, timestamp = {2024-05-12T15:38:44.000+0200}, title = {Regulating algorithmic management: An assessment of the EC’s draft Directive on improving working conditions in platform work}, type = {ETUI Policy Brief}, url = {https://www.etui.org/sites/default/files/2022-08/Regulating%20algorithmic%20management-An%20assessment%20of%20the%20ECs%20draft%20Directive%20on%20improving%20working%20conditions%20in%20platform%20work-2022.pdf}, year = 2022 }