Algorithmic Management in the Platform Work Directive: Fixing the GDPR?

Abstract

The Platform Work Directive (PWD) was adopted at the end of 2024. It contains a chapter on algorithmic management, covering topics which were already regulated by the General Data Protection Regulation (GDPR). However, the GDPR is said to lack practical effectiveness when applied in the employment context, which made it necessary that new, more specific legislation was adopted. In this paper, I consider the question to what extent the PWD is better positioned than the GDPR to address employment issues in light of the worker’s right to data protection. I study the four topics which are regulated or touched upon in the algorithmic management chapter of the PWD, namely limits to data processing, automated decision-making, transparency, and Data Protection Impact Assessments (DPIAs). For each topic, I describe how both the GDPR and the PWD regulate them, and what level of protection for the worker’s right to data protection they offer. I conclude that the PWD generally constitutes an improvement for the worker’s right to data protection, as it complements and clarifies multiple issues raised by the GDPR in the context of employment. On the other hand, some issues and unclarities remain to exist, mostly looking at the legal ground for data processing requirement and transparency.