The protection of the persons performing platform work (Directive 2024/2831 on improving working conditions in platform work)

Abstract

Over the last few years, the European Union has made progress in regulating the digital market. The adoption of the final text of the Directive 2024/2831 on improving working conditions in platform work reflects the commitment of the European Union to the social protection of digital platform workers and of the algorithmic management of the workforce. One of the most important measures in the Platform Work Directive is the introduction of a presumption of the employment status of digital platform workers, based on the existence of facts indicating control and direction by the platforms. In addition, employees and self-employed platform workers would also be granted individual and collective rights of transparency and algorithmic management, such as the right to supervision or the right to human review of automated decisions. Throughout this chapter, the provisions of these Directive will be analysed in detail. This study will explain the true legal nature and effectiveness of the presumption and its implications for the Member States in its transposition, as well as the improvements that the algorithmic management rights can introduce with respect to the General Data Protection Regulation