Law / European Union

Platform Work Directive, Transparency, Human Oversight and Human Review of Automated Systems (Articles 9 to 11)

Directive (EU) 2024/2831, Arts. 9-11

A data subject rights rule binding public and private bodies.

Obligation class

Data subject rights, Disclosure, Governance

As of 10 October 2026.

What it requires

• This duty takes effect on 2 December 2026, the date by which Member States must bring into force the laws, regulations and administrative provisions necessary to comply with the Directive (Article 29(1)).
• This Directive is addressed to the Member States (Article 32), which must bring into force the laws, regulations and administrative provisions necessary to comply with it by 2 December 2026 (Article 29(1)), so a digital labour platform meets these rules through each Member State's transposing law.
• If you are a digital labour platform, 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 (Article 9(1)).
• Include in that information, for an automated monitoring system, the fact that it is in use or is in the process of being introduced, the categories of data and action monitored, supervised or evaluated, including evaluation by the recipient of the service, the aim of the monitoring and how the system carries it out, and the recipients or categories of recipient of the personal data processed and any transmission or transfer of it, including within a group of undertakings (Article 9(1), point (a)).
• Include in that information, for an automated decision-making system, the fact that it is in use or is in the process of being introduced, the categories of decision it takes or supports, the categories of data and the main parameters it takes into account and their relative importance, including the way the personal data or behaviour of the person performing platform work influence the decisions, and 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 decisions on their contractual status or any decision of equivalent or detrimental effect (Article 9(1), point (b)), together with all categories of decision taken or supported by automated systems that affect persons performing platform work in any manner (Article 9(1), point (c)).
• Provide the information as a written document, which may be in electronic form, in a transparent, intelligible and easily accessible form, using clear and plain language (Article 9(2)).
• Provide a person performing platform work, in a concise form, the information about the systems and their features that directly affect them, including where applicable their working conditions, at the latest on the first working day, prior to the introduction of changes affecting working conditions, the organisation of work or monitoring work performance, and at any time upon their request; on their request, also provide it in a comprehensive and detailed form for all relevant systems and their features (Article 9(3)).
• Provide workers' representatives, in a comprehensive and detailed form, the information about all relevant systems and their features prior to the use of those systems, prior to the introduction of changes affecting working conditions, the organisation of work or monitoring work performance, and at any time upon their request, and provide national competent authorities the same information in a comprehensive and detailed form at any time upon their request (Article 9(4)).
• Provide a person undergoing a recruitment or selection procedure, before the start of the procedure, concise information concerning only the automated monitoring systems or automated decision-making systems used in that procedure (Article 9(5)).
• Honor a person performing platform work's right to the portability of personal data generated through their performance of work in the context of your automated monitoring systems or automated decision-making systems, including ratings and reviews: provide them, free of charge, with tools to facilitate the effective exercise of that right and of their portability rights under Article 20 of Regulation (EU) 2016/679, and, where the person so requests, transmit the data directly to a third party (Article 9(6)).
• Oversee, and with the involvement of workers' representatives, regularly and in any event every two years, evaluate the impact of individual decisions taken or supported by automated monitoring systems and automated decision-making systems on persons performing platform work, including, where applicable, on their working conditions and equal treatment at work (Article 10(1)).
• Ensure sufficient human resources for the effective oversight and evaluation of the impact of those decisions, and give the persons charged with that function the competence, training and authority necessary to exercise it, including for overriding automated decisions (Article 10(2)).
• Where the oversight or evaluation identifies a high risk of discrimination at work in the use of your automated monitoring systems or automated decision-making systems, or finds that individual decisions have infringed the rights of a person performing platform work, take the steps necessary, including, if appropriate, the modification of the system or the discontinuation of its use, in order to avoid such decisions in the future (Article 10(3)).
• Transmit information on the evaluation to platform workers' representatives, and make it available to persons performing platform work and to national competent authorities upon their request (Article 10(4)).
• Have any decision to restrict, suspend or terminate the contractual relationship or the account of a person performing platform work, or any other decision of equivalent detriment, taken by a human being (Article 10(5)).
• A person performing platform work has the right to obtain an oral or written explanation from you for any decision taken or supported by an automated decision-making system without undue delay, provided in a transparent and intelligible manner, using clear and plain language (Article 11(1)).
• Give persons performing platform work access to a contact person you designate to discuss and clarify the facts, circumstances and reasons that led to such a decision, and ensure the contact person has the competence, training and authority necessary to exercise that function (Article 11(1)).
• Provide the person performing platform work with a written statement of the reasons for any decision taken or supported by an automated decision-making system to restrict, suspend or terminate their account, to refuse the payment for work performed by them, on their contractual status, with similar effects, or otherwise affecting the essential aspects of the employment or other contractual relationships, without undue delay and at the latest on the date on which it takes effect (Article 11(1)).
• On the request of a person performing platform work, or of their representative acting on their behalf in accordance with national law or practice, review a decision referred to in Article 11(1), and respond with a sufficiently precise and adequately substantiated reply in the form of a written document, which may be in electronic form, without undue delay and in any event within two weeks of receipt of the request (Article 11(2)).
• Where a decision referred to in Article 11(1) infringes the rights of a person performing platform work, rectify it without delay and in any case within two weeks of its adoption; where rectification is not possible, offer adequate compensation for the damage sustained; and in any event take the steps necessary, including, if appropriate, the modification of the automated decision-making system or the discontinuation of its use, in order to avoid such decisions in the future (Article 11(3)).

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