European Union: Reached Council and Parliament agreement on Directive on improving working conditions in platform work including worker monitoring regulation

On 13 December 2023, the European Parliament and the Council of the European Union reached a provisional agreement on the Directive on improving working conditions in platform work including worker monitoring regulation. Under the agreement, digital labour platforms would be required to inform workers if they are using automated monitoring and decision-making systems. Furthermore, the platforms would be prohibited from processing through automated monitoring or decision-making systems workers’ data on emotional or psychological state, data that could infer sensitive information such as racial or ethnic origin, political or religious beliefs, migration status, health or potential trade union activity. The processing of biometric data would be allowed only for authentification purposes and platforms will be prohibited from collecting personal data if the person is not performing the platform work. Furthermore, the use of automated monitoring and decision-making systems will have to be monitored by qualified and independent staff. The use of automated monitoring for specific decisions, such as dismissals or suspensions, will be prohibited without human oversight. Additionally, the platforms will be required to conduct assessments on the impact the use of the systems has on workers’s fundamental rights. The reached agreement now will be legally revised and will go to the Parliament and Council for formal adoption.