06/05/2023
I. The Platform Workers Directive (in draft) aims to create a refutable presumption that those carrying out platform work will be employees and introduces new rights for workers (both employees and self-employed) regarding algorithmic management. It applies primarily to digital labor platforms that allow customers to request services involving the organization of work by individuals.
Key Obligations:
1. Refutable presumption of employment: The Directive provides a list of criteria to determine whether a platform worker is presumed to be an employee or not.
2. Algorithmic management: Platform workers will have enhanced information rights on algorithms, the right to human review, and the right to contest automated decisions impacting them.
3. Enforcement measures: Digital labor platforms must declare work to national authorities on a six-monthly basis. The Directive also provides protection against dismissal for platform workers asserting their rights and enables collective redress actions.
Business Impact:
The Platform Workers Directive is likely to have a significant effect on digital labor platforms, including those located outside the EU, as it changes the way platform workers are classified and managed, potentially leading to increased labor costs and additional regulatory requirements.
II. The Digital Services Act (Regulation (EU) 2022/2065) imposes new obligations on those hosting content, with online platforms being subject to significant new "online harm" obligations. It applies primarily to those providing hosting, caching, or mere conduit services, online platforms (e.g., social media services and online marketplaces), and very large ('Big Tech') providers of social media services, online marketplaces, and search engines.
Key Obligations:
1. Hosting, caching, and mere conduit: The intermediary defenses in the old eCommerce Directive are preserved, with new obligations like appointing a single point of contact and reporting annually on content removal. Hosting providers will need to inform users when content is removed and allow them to appeal.
2. Online platforms: New obligations include a prohibition on "dark patterns," and transparency obligations in relation to ads and recommender systems.
3. Very large online platforms and search engines: Further obligations such as the creation of an internal compliance function and conducting risk assessments.