European directive on digital platform workers brings a Spanish commitment closer to reality, following a near-final political agreement that aims to govern a growing online work landscape. The Spanish presidency of the council announced that, on behalf of the Twenty-Seven and the negotiators in the European Parliament, a political agreement was reached after lengthy discussions. The norm seeks to improve working conditions for people who operate on platforms like Deliveroo or Glovo and introduces rules on algorithmic governance and the use of artificial intelligence in the workplace for the first time in the European Union.
“Putting worker protection above corporate profits marks a significant advance. Algorithms should be transparent and under democratic oversight. They should not be the sole arbiters of dismissal.” The second vice president praised the outcome, calling the agreement a historic step for those who risk their safety on bicycles and scooters as workers. Spain abstained from voting on the Council’s common position last June. The reaction from the European Parliament aligned with this view, highlighting a turning point for digital platform workers across the EU.
“This is a revolutionary agreement and the first legal framework for digital platform workers. It delivers transparency and accountability for algorithms, strengthens rights for workers who are often the least protected, and promotes fair competition among platforms. Europe now stands by 40 million platform workers, including many who are precarious,” noted a member of the European Parliament affiliated with the Italian social-democrat faction. The pact now moves toward ratification and approval by both the Council and the European Parliament.
500+ platforms
In 2021, European Commission figures show more than 500 active digital work platforms across the EU. The sector spans multiple economic areas, from transportation drivers to food delivery and translation services, and it provides employment to over 28 million people. While a large share of platform workers are officially classified as self-employed, estimates suggest that about 5.5 million individuals have been misclassified as self-employed in pseudo-self-employment, losing important labor and social protections in the process.
More than 100 court decisions in EU countries have already addressed the employment status of platform workers, with many rulings reclassifying independent contractors as workers and the platforms as employers. The new directive aims to solve this inconsistency by introducing an employment presumption keyed to a set of indicators. The presumption can be triggered by workers, their representatives, or the competent authorities, and platforms can challenge it by demonstrating that the contractual relationship does not amount to employment.
More transparent system
The proposed rules also improve access to information for platform workers. Historically, many workers could not see how algorithms influence decisions about their work. The directive requires platforms to share relevant information with workers and their representatives. It also imposes human oversight on critical decisions such as account expulsions or suspensions, ensuring that automated actions are checked by people when they meaningfully affect workers.
Additionally, platforms must assess how decisions supported by automated systems impact working conditions, health and safety, and fundamental rights. Certain types of personal data, including beliefs, private information, and other sensitive content, may not be processed during exchanges with colleagues or when a worker is not on duty. The aim is greater transparency and control over information. Platforms are expected to relay information about self-employed workers under their responsibility to national authorities and to representatives of platform workers, such as unions, reinforcing a clearer line of accountability across the industry.
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