Recital 63

In administrative or judicial proceedings regarding the rights and obligations laid down in this Directive, the elements regarding the organisation of work that make it possible to determine the correct employment status, and in particular whether the digital labour platform directs or controls certain elements of the performance of work, as well as other elements regarding the use of automated monitoring systems and automated decision-making systems, could be in the possession of the digital labour platform and not easily accessible to persons performing platform work and competent authorities. National courts or competent authorities should therefore be able to order the digital labour platform to disclose any relevant evidence which lies in their control, including confidential information, subject to effective measures to protect such information.