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

1. Member States shall require digital labour platforms to inform persons performing platform work, platform workers’ representatives and, upon request, national competent authorities, of the use of automated monitoring systems or automated decision-making systems.

That information shall concern:

• (a)
  as regards automated monitoring systems:

  • (i)
    the fact that such systems are in use or are in the process of being introduced;
  • (ii)
    the categories of data and action monitored, supervised or evaluated by such systems, including evaluation by the recipient of the service;
  • (iii)
    the aim of the monitoring and how the system is to carry out that monitoring;
  • (iv)
    the recipients or categories of recipient of the personal data processed by such systems and any transmission or transfer of such personal data, including within a group of undertakings;
• (b)
  as regards automated decision-making systems:

  • (i)
    the fact that such systems are in use or are in the process of being introduced;
  • (ii)
    the categories of decision that are taken or supported by such systems;
  • (iii)
    the categories of data and the main parameters that such systems take into account and the relative importance of those main parameters in the automated decision-making, including the way in which the personal data or behaviour of the person performing platform work influence the decisions;
  • (iv)
    the grounds for decisions to restrict, suspend or terminate the account of the person performing platform work, to refuse the payment for work performed by them, as well as for decisions on their contractual status or any decision of equivalent or detrimental effect;
• (c)
  all categories of decision taken or supported by automated systems that affect persons performing platform work in any manner.

2. Digital labour platforms shall provide the information referred to in paragraph 1 in the form of a written document, which may be in electronic form. The information shall be presented in a transparent, intelligible and easily accessible form, using clear and plain language.

3. Digital labour platforms shall provide persons performing platform work, in a concise form, with the information referred to in paragraph 1 with regard to the systems and their features that directly affect them, including, where applicable, their working conditions:

• (a)
  at the latest on the first working day;
• (b)
  prior to the introduction of changes affecting working conditions, the organisation of work or monitoring work performance; and
• (c)
  at any time upon their request.

Upon the request of the persons performing platform work, digital labour platforms shall also provide them, in a comprehensive and detailed form, with the information referred to in paragraph 1 with regard to all relevant systems and their features.

4. Digital labour platforms shall provide workers’ representatives, in a comprehensive and detailed form, with the information referred to in paragraph 1 with regard to all relevant systems and their features. They shall provide such information

• (a)
  prior to the use of those systems,
• (b)
  prior to the introduction of changes affecting working conditions, the organisation of work or monitoring work performance; and
• (c)
  at any time upon their request.

Digital labour platforms shall provide national competent authorities, in a comprehensive and detailed form, with the information referred to in paragraph 1 at any time upon their request.

5. Digital labour platforms shall provide the information referred to in paragraph 1 to persons undergoing a recruitment or selection procedure. The information shall be provided in accordance with paragraph 2, shall be concise, shall concern only the automated monitoring systems or automated decision-making systems used in that procedure, and shall be provided before the start of the recruitment or selection procedure.

6. Persons performing platform work shall have the right to the portability of personal data generated through their performance of work in the context of a digital labour platform’s automated monitoring systems or automated decision-making systems, including ratings and reviews, without adversely affecting the rights of the recipient of the service under Regulation (EU) 2016/679.

The digital labour platform shall provide persons performing platform work, free of charge, with tools to facilitate the effective exercise of their portability rights referred to in Article 20 of Regulation (EU) 2016/679 and in the first subparagraph of this paragraph. Where the person performing platform work so requests, the digital labour platform shall transmit such personal data directly to a third party.