Recital 34

The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down by the law, collective agreements or practice in force of the relevant Member State, with consideration to the case-law of the Court of Justice. Member States should ensure that it is possible to rebut the legal presumption by proving, on the basis of that definition, that the relationship in question is not an employment relationship. Digital labour platforms have a complete overview of all factual elements determining the legal nature of the relationship, in particular the algorithms through which they manage their operations. Digital labour platforms should therefore have the burden of proof where they argue that the contractual relationship in question is not an employment relationship. A successful rebuttal of the legal presumption in judicial or administrative proceedings should not preclude the application of the legal presumption in subsequent judicial proceedings or appeals, in accordance with national procedural law.