Main implications of the new European Union Directive regulating the labour framework of digital platforms

Designed to ensure greater transparency and protection of the rights of workers serving these companies, this regulation presents both challenges and opportunities for businesses, particularly concerning the algorithmic management of personnel.

It is essential to highlight that this Directive establishes a legal presumption of the existence of an employment relationship between the worker and the digital platform when conditions of direction and control are evident.

As in the case of the platform delivery sector in Spain with the entry into force of the so-called Rider Law, new conditions will be established to determine the nature of the relationship between platforms and workers. If a commercial relationship has been agreed between a digital platform and a self-employed worker, certain legal requirements must be met. In the event of a labour inspection or a dispute before the courts, the company (i.e., the digital platform) will have the responsibility to prove that the relationship is genuinely commercial and not employment-based. Unless proven otherwise, it will be presumed that it is an employment relationship and that the worker is, in fact, a false self-employed person.

One of the pillars of the Directive is the strengthening of transparency in employment relationships. To this end, new requirements are imposed regarding the use of algorithms in workforce management within companies. Among these requirements, the obligation to inform employees about the use of automated decision-making systems that may affect them stands out. Additionally, companies must ensure human oversight of these systems to prevent potential discriminatory decisions. Finally, the Directive establishes the possibility for automated decisions to be reviewed.

All of this also aligns with an increasingly protective approach to personal data, particularly that of workers, and a more punitive stance against discriminatory decisions.

The obligation is imposed to assess the risks that automated systems may pose to the safety and health of individuals. It is required that safeguards be acceptable, as well as the implementation of preventive and protective measures.

While it is true that EU Member States are not required to transpose the Directive until 2 December 2026, its publication clearly demonstrates the regulatory trend regarding new technologies applied specifically to employment relationships across all sectors.

Therefore, the sooner companies adapt to this regulation, the more advantages they can gain and, most importantly, the better positioned they will be to avoid or prevent potential risks, such as fines or sanctions.

At Devesa, we are at your disposal to advise you on the implementation of the necessary changes and to ensure that your company complies with the relevant regulations.