Recital 49

In addition to the requirements of Regulation (EU) 2016/679 in the context of algorithmic management in platform work, persons performing platform work should have the right to obtain, without undue delay, an explanation from the digital labour platform for a decision, the lack of a decision or a set of decisions taken or supported by automated decision-making systems. For that purpose, the digital labour platform should provide persons performing platform work with the possibility to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, certain decisions are likely to have particularly significant negative effects on persons performing platform work, in particular on their potential earnings. For decisions to restrict, suspend or terminate the account of a person performing platform work, to refuse the payment for work performed by that person, or affecting the essential aspects of the contractual relationship, the digital labour platform should provide the person performing platform work, at the earliest opportunity and at the latest on the date on which such decisions take effect, with a written statement of reasons for such decisions. Where the explanation or the reasons provided are not satisfactory or where persons performing platform work consider their rights to be infringed by a decision, they should also have the right to request the digital labour platform to review the decision and to obtain a substantiated reply without undue delay, and in any event within two weeks of receipt of the request. Where such decisions infringe those persons’ rights, such as their labour rights, their right to non-discrimination or the right to protection of their personal data, the digital labour platform should rectify such decisions without undue delay or, where that is not possible, should provide adequate compensation for the damage sustained and take the steps necessary to avoid similar decisions in the future, including, if appropriate, the modification or the discontinuation of the use of the relevant automated decision-making system. With regard to human review of decisions, the specific provisions of Regulation (EU) 2019/1150 should prevail in respect of business users.