Breadcrumb
Directive on improving the Protection of Platform Workers
On 23 October 2024, the European Parliament adopted a Directive on improving working conditions in platform work. Recognising that digitalisation is transforming the world of work and that individuals performing platform work sometimes fall outside existing protection systems, this Directive was adopted to both enhance the working conditions of platform workers and strengthen the protection of their personal data.
As a preliminary point, it is essential to define the scope of application of this Directive of 23 October 2024, and, more specifically, the concept of a digital labour platform. According to the Directive, a digital labour platform is a service “provided at least in part, at a distance by electronic means, such as by means of a website or a mobile application” and which “involves the use of automated monitoring systems or automated decision-making systems”.
Employment status of platform workers and legal presumption
The Directive stipulates that Member States are required to implement appropriate and effective procedures to verify the employment status of persons performing platform work. To this end, the Directive establishes a rebuttable legal presumption of an employment relationship “where facts indicating direction and control, in accordance with national law, collective agreements or practice in force in the Member States and with consideration to the case-law of the Court of Justice, are found”.
Furthermore, the Directive obliges Member States to establish a framework of accompanying measures to ensure the effective implementation of this legal presumption.
Protection of personal data of platform workers
The Directive imposes limitations on the processing of platform workers’ personal data by means of automated monitoring systems or automated decision-making systems.
Specifically, the Directive outlines actions that digital labour platforms are categorically prohibited from using. For example, platforms are forbidden from processing data related to the emotional or psychological state of a person performing platform work or personal data in relation to private conversations.
Transparency obligation with regard to automated monitoring systems and automated decision-making systems
The Directive foresees a transparency obligation with regard to automated monitoring systems and automated decision-making systems. Digital labour platforms shall inform persons performing platform work and platform workers’ representatives on the use of such systems, the categories of data and action monitored and the aim of the monitoring.
Declaration obligation
In addition to the obligation to declare work performed by platform workers, the Directive requires Member States to ensure that digital labour platforms provide the following information to the competent authorities:
- the number of persons performing platform work through the digital labour platform concerned;
- the general terms and conditions determined by the digital labour platform;
- the average duration of activity, the average weekly number of hours worked per person and the average income from activity of persons performing platform work on a regular basis through the digital labour platform concerned;
- the intermediaries with which the digital labour platform has a contractual relationship.
Protection against adverse treatment or consequences and protection from dismissal
The Directive also mandates that Member States take the necessary measures to protect persons performing platform work against adverse treatment, dismissal, or termination of their contract (and all preparations therefore) on the grounds that they have exercised the rights provided in this Directive.
Entry into force
This Directive shall enter into force on 2 December 2024.
Member States are required to adopt the necessary measures for its transposition into national law by no later than 2 December 2026.
Key message
For companies falling within the scope of the Directive, it will be important to closely monitor the transposition of the Directive into Belgian law, particularly regarding the new legal presumption of existence of an employment contract for platform workers, the strengthening of employer obligations related to personal data protection, and the information that must be provided to competent authorities.
As outlined above, the Belgian legislator will also be required to grant platform workers protection against dismissal when they exercise the rights provided under the Directive, the specifics of which remain to be defined.