Directive (EU) 2024/2831 on Improving Working Conditions in Platform Work

Article 1 Subject matter and scope

Sets minimum protections for all persons doing platform work in the Union with an employment contract or relationship, covering employment status determination, algorithmic management transparency and fairness, and platform work transparency. Also applies measures on algorithmic management to all platform workers regardless of employment status. Covers digital labour platforms established anywhere that organise platform work within the Union.

Article 2 Definitions

A digital labour platform is a remotely-provided service that organises work by individuals for payment using automated monitoring or decision-making systems; platform work is work organised through such a platform by individuals under a contractual relationship; platform workers are those with or deemed to have an employment relationship under national law. Automated decision-making systems are electronic systems making or supporting decisions significantly affecting platform workers on recruitment, work assignment access and organisation, earnings and assignment pricing, health and safety, working time, training, promotion, and account restriction or termination. Providers whose main purpose is exploiting or sharing assets or allowing non-professionals to resell goods are excluded from the digital labour platform definition.

Article 3 Intermediaries

Member States must ensure that persons performing platform work through intermediaries enjoy the same level of protection under the Directive as those working directly with a digital labour platform, using appropriate mechanisms that may include joint and several liability systems.

Article 4 Determination of correct employment status

Member States must have procedures to verify and ensure correct employment status determination for persons performing platform work, guided primarily by actual work performance facts and use of automated systems, regardless of contractual designation. Where employment relationship is found, the responsible party or parties for employer obligations must be clearly identified.

Article 5 Legal presumption

Creates a rebuttable legal presumption that relationships between platforms and persons doing platform work are employment relationships where evidence of direction and control exists; the platform must prove otherwise. Member States shall establish this as a procedural benefit that does not increase burdens on workers or their representatives. Applies in administrative and judicial proceedings on employment status, except in tax, criminal and social security proceedings unless Member States choose otherwise.

Article 6 Framework of supporting measures

Member States must establish a framework including guidance for platforms, workers and social partners on the legal presumption and its rebuttal procedures; guidance and procedures for national authorities to identify and pursue non-compliant platforms; effective controls and inspections by authorities on specific platforms where employment relationships are established; and training and technical expertise in algorithmic management for authorities.

Article 7 Limitations on the processing of personal data by means of automated monitoring systems or automated decision-making systems

Article 8 Data-protection impact assessment

Processing personal data through automated monitoring or decision-making systems creates a high-risk category requiring impact assessment under GDPR Article 35. Platforms acting as controllers must seek views from workers and their representatives when assessing how these automated systems affect data protection and compliance with restrictions in Article 7, then provide the assessment to workers' representatives.

Article 9 Transparency with regard to automated monitoring systems and automated decision-making systems

Member States must require platforms to inform workers, worker representatives, and competent authorities about use of automated monitoring and decision-making systems, including whether they are in use, monitored/decision data categories, monitoring methods and aims, decision parameters and their relative importance, and grounds for account restrictions or relationship termination; platforms must provide this information in written, transparent, intelligible and accessible form using clear language to workers before their first working day, before changes to working conditions, and on request, while worker representatives and competent authorities receive comprehensive detailed information before system use and on request. Workers have the right to obtain their personal data generated through platform work, including ratings and reviews, from automated monitoring and decision-making systems without harming service recipients' rights, and platforms must provide free tools to exercise this portability right effectively and transmit data directly to third parties upon request.

Article 10 Human oversight of automated monitoring systems and automated decision-making systems

Member States must ensure platforms oversee and evaluate every two years, with worker representative involvement, how individual decisions from automated systems affect workers including on working conditions and equal treatment. Platforms must maintain sufficient trained human resources with authority to override automated decisions, and those staff must be protected from dismissal and adverse treatment. When oversight identifies high discrimination risk or rights infringements, platforms must take necessary steps including modifying or discontinuing the system.

Article 11 Human review

Member States must ensure workers receive oral or written explanations without undue delay for any decision made or supported by automated decision-making systems, in transparent and intelligible language, with access to a designated contact person with competence and training to clarify facts and reasons. Platforms must provide written statements of reasons without undue delay and no later than the decision's effective date for decisions restricting accounts, refusing payment, determining contractual status, or affecting essential employment terms. Workers may request review of decisions, and platforms must respond within two weeks with a substantiated written reply.

Article 12 Safety and health

Platforms must evaluate risks from automated monitoring and decision-making systems to worker safety and health, particularly work accident and psychosocial risks, and introduce appropriate preventive and protective measures. Platforms must not use these systems in ways that put undue pressure on workers or compromise their physical and mental health. Member States must ensure platforms take measures to prevent violence and harassment, including establishing reporting channels.

Article 13 Information and consultation

Article 14 Provision of information to workers

Where platform workers lack representatives, platforms must directly notify workers in writing of plans to introduce or substantially change automated monitoring or decision-making systems, using transparent, intelligible, clear and plain language in easily accessible form.

Article 15 Specific arrangements for representatives of persons performing platform work other than platform workers’ representatives

Representatives of non-worker platform performers may exercise workers' representatives' rights regarding automated decision-making systems, their operation and monitoring, human oversight and review, and data protection impact assessments, but only on behalf of non-worker platform performers regarding their personal data protection.

Article 16 Declaration of platform work

Requires platforms to report platform work performed by platform workers to the relevant authorities of the Member State where work occurs, following that Member State's rules and procedures. Does not affect separate obligations to report work to relevant bodies in cross-border situations under Union law.

Article 17 Access to relevant information on platform work

Platforms must provide authorities and platform worker representatives with numbers of workers by activity level and employment status, terms and conditions, average activity duration and weekly hours worked, average income for regular workers, and intermediary details. Information must be updated every six months for each Member State, or yearly for small and micro enterprises, and points (c) only upon request. Authorities and representatives can request clarifications, which platforms must answer substantively without undue delay.

Article 18 Right to redress

Article 19 Procedures on behalf or in support of persons performing platform work

Representatives of platform workers and legal entities with a legitimate interest in defending their rights may pursue judicial or administrative procedures to enforce Directive rights and obligations, acting on behalf of or in support of one or more workers in cases of rights infringements, according to national law.

Article 20 Communication channels for persons performing platform work

Platforms must enable workers to privately and securely contact each other and representatives through their digital infrastructure or equivalently effective means, in compliance with data protection rules. Platforms are prohibited from accessing or monitoring these communications.

Article 21 Access to evidence

Courts and competent authorities can order platforms to disclose evidence in their control relevant to proceedings about this Directive. National courts may order disclosure of confidential information if relevant and have powers to protect such information from disclosure.

Article 22 Protection against adverse treatment or consequences

Member States must protect workers and their representatives from adverse treatment by platforms and adverse consequences resulting from lodging complaints or initiating proceedings to enforce Directive rights.

Article 23 Protection from dismissal

Member States must prohibit dismissal or termination of workers or equivalent action based on exercising Directive rights. Workers may request written grounds for dismissal or termination, and the burden shifts to the platform to prove dismissal was based on other grounds once workers establish facts suggesting such dismissal. This reversal applies in civil proceedings but not criminal proceedings unless Member States decide otherwise.

Article 24 Supervision and penalties

Data protection authorities must also monitor and enforce Articles 7-11 on data protection matters using GDPR procedures, with the same fine limits as GDPR violations. National authorities must cooperate by sharing relevant information on automated monitoring and decision-making systems affecting platform workers, and coordinate across borders when workers operate in different Member States than their platform's location. Member States must set enforcement penalties for breaches that are effective, deterring, and proportionate to the violation's severity, duration, scope and number of affected workers, with specific financial penalties for platforms refusing to comply with employment status rulings.

Article 25 Promotion of collective bargaining in platform work

Member States must take suitable measures to support social partners' involvement and foster workers' ability to engage in collective bargaining within platform work contexts, including on determining correct employment status and enabling workers to exercise their algorithmic management rights under Chapter III.

Article 26 Non-regression and more favourable provisions

The Directive does not justify reducing existing protection levels for platform workers or procedures for employment status determination. Member States may apply more favourable laws, regulations or collective agreements, and the Directive does not affect other Union legal rights.

Article 27 Dissemination of information

Member States must bring national transposition measures and existing related provisions, including information on employment status presumptions, to the attention of workers, platforms and the public in clear, intelligible and accessible formats, including for persons with disabilities.

Article 28 Collective agreements and specific rules on the processing of personal data

Member States may establish more specific data protection rules through law or collective agreements for Articles 9, 10 and 11 protections. Social partners may maintain, negotiate and enforce collective agreements establishing different arrangements for platform work covered by Articles 12, 13 and 17, subject to overall worker protection.

Article 29 Transposition and implementation

Member States must adopt implementing laws, regulations and administrative measures by 2 December 2026, with notice given to the Commission, and must communicate their main legislative texts. They shall involve social partners adequately and may delegate implementation to social partners if they jointly request it and can guarantee the results sought by this Directive.

Article 30 Review by the Commission

By 2 December 2029, the Commission shall review implementation after consulting Member States, Union-level social partners and key stakeholders, accounting for effects on SMEs and microenterprises, and propose amendments where needed, focusing on intermediaries' role and the effectiveness of the legal presumption.

Article 31 Entry into force

Article 32 Addressees

This Directive is targeted at the Member States.