Platform Work DirectiveEU 2024/2831
Digiphile

Recitals

Recital 48


Recital 48

Decisions to Restrict, Suspend or Terminate to Be Taken by a Human Being Unofficial title


Regulation (EU) 2016/679 requires data controllers to implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests in cases where the latter is subject to decisions based solely on automated processing. That provision requires, as a minimum, the data subject’s right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. In addition to the requirements laid down in Regulation (EU) 2016/679, in the context of algorithmic management and considering the serious impact on persons performing platform work of decisions of restricting, suspending or terminating their contractual relationship or their account, or any decision of equivalent detriment, such decisions should always be taken by a human being.