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What changed
– having regard to the final report of the study commissioned by the European Commission entitled “Study exploring the context, challenges, opportunities, and trends in algorithmic management” (VT-2022-035),
Or. en
Amendment 2
Motion for a resolution
Recital EA
Motion for a resolution
Amendment
E. whereas the adaptation of educational systems, including the VET sector, is essential to equip learners with the necessary skills to thrive in a competitive, digital and technologically advanced society;
A. whereas the digital transition, driven by digitalisation, automation and artificial intelligence (AI), is profoundly reshaping labour markets, leading to the disappearance of some jobs and the emergence of new ones, and is changing the nature of tasks in the existing ones, therefore requiring continuous adaptation by businesses and workers;
E. whereas the adaptation of educational systems, including the Vocational Education and Training (VET) sector, is essential to equip learners with the necessary skills to thrive in a competitive, digital and technologically advanced society;
A. whereas the digital transition, driven by digitalisation, automation and artificial intelligence (AI), is profoundly reshaping labour markets, leading to the disappearance of some jobs and the emergence of new ones, and is changing the nature of tasks in the existing ones, therefore requiring continuous adaptation by businesses and workers, including in various sectors, where these changes affect how works are created, distributed, and safeguarded;
Or. en
Amendment 3
Motion for a resolution
Annex I – paragraph 12 – point 1
Recital A a (new)
Motion for a resolution
Amendment
(1) The unprecedented scale, depth and rapid pace of the transformation, and its profound impact on the work patterns present cross cutting challenges that transcend national borders and need to be addressed at Union level.
Aa. whereas Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 (AI Act)1a lays down a uniform legal framework in particular for the development, the placing on the market, the putting into service and the use of artificial intelligence systems (AI systems) in the Union and is addressing the main risks stemming from AI systems;
(1) The unprecedented scale, depth and rapid pace of the digital transition, and its profound impact on work patterns present cross cutting challenges that transcend national borders and need to be addressed at Union level.
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Or. en
1a Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj).
Amendment 4
Motion for a resolution
Annex I – paragraph 12 – point 3
Recital B
Motion for a resolution
Amendment
(3) Lack of clear comprehension of the functioning of algorithmic management systems impedes the workers from effectively asserting their data rights, which further reinforces the imbalance of power in favour of the employer. There is evidence that involving workers and their representatives in consultations improves both performance and working conditions4 .
B. whereas the digital transition at the workplace should be steered in a manner that enhances productivity, innovation, and the competitiveness of the European economy and the common market; whereas this transition must at the same time uphold the principles of social progress, ensuring that it contributes to better working conditions, quality employment, and the well-being of all workers;
(3) Lack of clear comprehension of the functioning of algorithmic management systems impedes workers from effectively asserting their rights, which further reinforces the imbalance of power in favour of the employer. There is evidence that involving workers and their representatives in consultations improves both performance and working conditions4.
B. whereas the digital transition at the workplace should be steered in a manner that enhances productivity, innovation, and the competitiveness of the European economy and the common market while avoiding excessive burden on businesses by overregulation; whereas this transition must at the same time uphold the principles of social progress, ensuring that it contributes to better working conditions, quality employment, and the well-being of all workers with respect to fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation, as defined in the Charter of the Fundamental Rights of the European Union;
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4 OECD 2023. https://www.oecd.org/en/publications/the-impact-of-ai-on-the-workplace-main-findings-from-the-oecd-ai-surveys-of-employers-and-workers_ea0a0fe1-en.html; https://www.eurofound.europa.eu/en/publications/2020/european-company-survey-2019-workplace-practices-unlocking-employee-potential;
4 OECD 2023. https://www.oecd.org/en/publications/the-impact-of-ai-on-the-workplace-main-findings-from-the-oecd-ai-surveys-of-employers-and-workers_ea0a0fe1-en.html; https://www.eurofound.europa.eu/en/publications/2020/european-company-survey-2019-workplace-practices-unlocking-employee-potential;
Or. en
Amendment 5
Motion for a resolution
Annex I – paragraph 12 – point 4
Recital C a (new)
Motion for a resolution
Amendment
(4) The AI Act represents a significant step forward in regulating high-risk artificial intelligence systems, it remains nevertheless insufficient to fully address the challenges posed by algorithmic management in the workplace. Although it classifies work-related AI tools as high-risk, its primary focus is on market placement, product safety, and compliance obligations for providers and users, and not on the employer– worker relationship. Moreover, the AI Act does not apply to algorithmic management systems that are not AI-based, leaving a regulatory gap in addressing the broader impact of digital management tools on workers’ rights, working conditions, and social dialogue.
Ca. whereas Europe’s long-term competitiveness, strategic autonomy, and cyber resilience depend on the ability to develop and scale critical technologies within the Union, including AI, cloud computing, semiconductors and secure connectivity;
(4) Regulation (EU) 2014/1689 of the European Parliament and of the Council1a (AI Act) represents a significant step forward in regulating high-risk artificial intelligence systems. While the AI Act does not apply to algorithmic management systems that are not AI-based, Regulation (EU) 2016/679 of the European Parliament and of the Council1b represents a horizontally applicable legal framework to protect the rights of individuals with regard to the processing of their personal data, including the rights of workers, where personal data are processed in non-AI based systems. In addition, Regulation (EU) 2016/679 applies without prejudice to the AI Act where personal data are processed in AI-based systems, addressing the broader impact of digital management tools on workers’ rights, including working conditions, and facilitating social dialogue.
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1a Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (Text with EEA relevance) PE/24/2024/REV/1 (OJ L, 2024/1689, 12.7.2024, p. 1).
1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Or. en
Amendment 6
Motion for a resolution
Annex I – paragraph 12 – point 5
Recital D
Motion for a resolution
Amendment
(5) Regulation (EU) 2016/679 of the European Parliament and of the Council5 [General Data Protection Regulation] dates back to 2016 and was not specifically designed to address the particular challenges of data protection in the workplace, and since then technological and workplace realities have evolved significantly, necessitating an update and reinforcement of data protection provisions applicable to employment, as it currently leaves room for interpretation. Article 15(1), point (h), of Regulation (EU) 2016/679, which lays down the transparency requirements for and the limitations of data processing, only provides for clear prohibitions in the case of fully automated decision-making processes, which are therefore not sufficient in most employment-related contexts. What is more, Regulation (EU) 2016/679 adopts individualistic approach and does not grant collective rights. Since the entry into force of Regulation (EU) 2016/679, Article 88 on the protection of workers' personal data has been poorly implemented and remains largely ineffective in nearly all Member States6 .
D. whereas the rapid integration of AI systems is not matched by sufficient training, with only 15% of workers having participated in relevant training in 2023 while 42% of workers acknowledge the need to improve their AI-related skills and 61% foresee new skills requirements in the next five years; whereas those most in need of digital skills training are the ones least likely to take part in it7 ;
(5) Regulation (EU) 2016/679 dates back to 2016 and was adopted to address new challenges brought by the rapid technological developments and globalisation, including the particular challenges of data protection in the workplace, in a technologically neutral manner. Regulation (EU) 2016/679 applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
D. whereas the rapid integration of AI systems is not always matched by sufficient training, with only 15% of workers having participated in relevant training in 2023 while 42% of workers acknowledge the need to improve their AI-related skills and 61% foresee new skills requirements in the next five years; whereas those most in need of digital skills training are the ones least likely to take part in it7; whereas training should include upskilling, reskilling, and the development of new skills;
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5 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
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6 Abraha H. (2023), Article 88 GDPR and the Interplay between EU and Member State Employee Data protection rules, The Modern Law Review
7 https://www.cedefop.europa.eu/en/publications/9201
Or. en
7 https://www.cedefop.europa.eu/en/publications/9201
Amendment 7
Motion for a resolution
Annex I – paragraph 12 – point 5 a (new)
Recital E
Motion for a resolution
Amendment
(5a) Article 80 of Regulation (EU) 2016/679 requires Member States to allow for collective redress mechanisms, such as representative action, to be available in the event of data protection breaches. However, this is a procedural mechanism for legal action, not a grant of rights to groups. Therefore, this Directive seeks to confer a collective right of review for workers’ representatives of the functioning of the algorithmic management systems in place where there is a justified concern that such systems exhibit systemic biases or faults or pose a threat to the mental or physical well-being of workers or solo self-employed persons, or to the health and safety at the workplace. Where the algorithmic management systems processes personal data, such review should not lead to the identification of any data subject, unless it is requested by the worker or solo self-employed person concerned who is the data subject.
E. whereas the adaptation of educational systems, including the VET sector, is essential to equip learners with the necessary skills to thrive in a competitive, digital and technologically advanced society;
Or. en
E. whereas the adaptation of educational systems, including the Vocational Education and Training (VET) sector, is essential to equip learners with the necessary skills to thrive in a competitive, digital and technologically advanced society;
Amendment 8
Motion for a resolution
Annex I – paragraph 12 – point 6
Recital F
Motion for a resolution
Amendment
(6) Directive 2002/14/EC of the European Parliament and of the Council7 [Information and Consultation Directive] provides only general information on the collective right to consultation while Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 20198 [Directive on Transparent and Predictable Working Conditions] does not explicitly mention the right to information on algorithmic management systems and is not specific enough to address the complexity of the algorithmic management system. Those directives do not guarantee workers’ right to information on functioning, logic, or impact of algorithmic systems on their work organisation and evaluation and fail to involve workers.
F. whereas AI and algorithmic management provide numerous opportunities for work optimisation, improved occupational health and safety as well as employee satisfaction, but come also with certain risks; whereas the use of AI and algorithmic management can reduce tedious tasks and overall workload, improve task allocation and productivity, prevent from occupational risks and introduce cost cuts;
(6) Article 2 of Directive 2002/14/EC of the European Parliament and of the Council7 [Information and Consultation Directive] provides only general information on the collective right to information and consultation regarding an undertaking’s or work organisation’s development, substantial changes and anticipatory measures, subject to limitations. Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 20198 [Directive on Transparent and Predictable Working Conditions] does not explicitly mention the right to information on algorithmic management systems and is not specific enough to address the complexity of the algorithmic management system. Therefore, this Directive aims to guarantee a collective workers’ right to information and consultation about the functioning, logic, and impact of algorithmic systems on their work organisation and evaluation, to involve workers.
F. whereas AI and algorithmic management provide numerous opportunities for work optimisation, improved occupational health and safety as well as employee satisfaction, but come also with significant risks; whereas the use of AI and algorithmic management can reduce tedious tasks and overall workload, improve task allocation and productivity, prevent from occupational risks and introduce cost cuts;
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7 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).
7 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).
8 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).
8 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).
Or. en
Amendment 9
Motion for a resolution
Annex I – paragraph 12 – point 8
Recital G
Motion for a resolution
Amendment
(8) This Directive should establish common Union minimum standards for the use of algorithmic management in the workplace, ensuring increased transparency and legal certainty across Member States. By creating a level playing field for all companies, including small and medium-sized enterprises, the directive should aim to support a fair and responsible uptake of algorithmic management tools. It will furthermore enhance clarity and predictability for workers and solo self-employed persons, enriching their working experience, fostering trust in digital technologies, and helping to mitigate the potential risks associated with algorithmic decision-making in employment contexts,
G. whereas it is important to address work-related risks stemming from AI and algorithmic management such as time and performance pressure, work intensification, monitoring and surveillance as well as social isolation and stress;
(8) This Directive should establish common Union minimum transparency standards regarding the use of algorithmic management in the workplace. By creating a level playing field for all companies, including small and medium-sized enterprises, this Directive should aim to support a fair and responsible uptake of algorithmic management tools. It should furthermore enhance clarity and predictability for workers and solo self-employed persons, enriching their working experience, fostering trust in digital technologies, and helping to mitigate the potential risks associated with algorithmic decision-making in employment contexts,
G. whereas it is imperative to address work-related risks to fundamental rights stemming from AI and algorithmic management, such as time and performance pressure, work intensification, discrimination, monitoring and surveillance, which lead to social isolation, severe mental health problems, stress and a potential impact on cognitive skills;
Or. en
Amendment 10
Motion for a resolution
Article 1 – point 1
Recital G a (new)
Motion for a resolution
Amendment
1. This Directive lays down minimum requirements for the transparent use of algorithmic management in the workplace.
Ga. whereas AI systems used in the employment context, workers management and access to self-employment, in particular for the recruitment and selection of persons, for taking decisions affecting terms of the work-related relationship, promotion and termination of work-related contractual relationships, for allocating tasks on the basis of individual behaviour, personal traits or characteristics and for monitoring or evaluating persons in work-related contractual relationships are classified as high-risk AI systems in Regulation (EU) 2024/1689, therefore implying specific obligations for those classified AI systems;
1. This Directive lays down minimum requirements for making the use, functioning and impact of algorithmic management systems in the workplace transparent.
Or. en
Amendment 11
Motion for a resolution
Article 1 – point 2 a (new)
Recital H
Motion for a resolution
Amendment
2a. Union law on the protection of personal data, privacy and the confidentiality of communications fully applies to personal data processing in this Directive, which is without prejudice to the rules laid down in Regulations (EU) 2016/679 and (EU) 2018/17251a, and in Directives 2002/58/EC1b and (EU) 2016/6801c. This Directive shall not affect the competences and powers of the supervisory authorities referred to in those legislative texts.
H. whereas the deployment of AI and algorithmic management systems in the workplace involve the collection and processing of a large volume of employee data, which can raise concerns about data protection and privacy and require due diligence in its management;
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H. whereas the deployment of AI and algorithmic management systems in the workplace involves the collection and processing of a large volume of employee data, which raises serious concerns about the respect for the right to personal data protection and privacy as well as other rights enshrined in the Charter of Fundamental Rights of the EU, and requires due diligence in the management of these systems;
1a Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (Text with EEA relevance.) (OJ L 295, 21.11.2018, p. 39–98)
1b Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37–47)
1c Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89–131)
Or. en
Amendment 12
Motion for a resolution
Article 1 – point 2 b (new)
Recital H a (new)
Motion for a resolution
Amendment
2b. This Directive is without prejudice to the rules laid down in Regulation (EU) 2024/1689. This Directive shall not affect the competences and powers of the market surveillance authorities in that Regulation.
Ha. whereas Regulation (EU) 2016/679 of the European Parliament and of the Council1a of 27 April 2016 (General Data Protection Regulation) lays down rules relating to the protection of natural persons with regard to the processing of personal data;
Or. en
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1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Amendment 13
Motion for a resolution
Article 2 – paragraph 1 – introductory part
Recital K a (new)
Motion for a resolution
Amendment
For the purposes of the Directive, the following definitions apply:
Ka. whereas algorithmic management systems often exacerbate structural asymmetries between workers and employers, particularly in platform and precarious work; whereas the opacity of AI systems reinforces the potential managerial control while reducing worker agency and access to remedies;
For the purposes of this Directive, the following definitions apply:
Or. en
Amendment 14
Motion for a resolution
Article 2 – paragraph 1 – point 1
Recital L a (new)
Motion for a resolution
Amendment
1. ‘algorithmic management’ means the use of automated systems to monitor, supervise, evaluate, or make or support decisions—by electronic means—regarding the work performance and working conditions of workers including systems that process personal data to oversee activities within the work environment, as well as systems that take or support decisions significantly affecting workers or solo self-employed persons, such as the organisation of work assignments, earnings, safety and health, working time, access to training, promotion, and contractual status;
La. whereas the increasing use of AI and algorithmic systems in employment contexts poses significant risks to the fundamental rights of workers, including the rights to dignity, privacy, data protection, non-discrimination, and freedom of association, as protected by the Charter of Fundamental Rights of the European Union;
1. ‘algorithmic management’ means the use of automated systems to monitor, supervise, evaluate, or make or support decisions—by electronic means—regarding the work performance and working conditions of workers, as well as systems that take or support decisions significantly affecting workers or solo self-employed persons, such as the organisation of work assignments, earnings, safety and health, working time, access to training, promotion, and contractual status;
Or. en
Amendment 15
Motion for a resolution
Article 3 – point -1 (new)
Paragraph 1
Motion for a resolution
Amendment
-1. Member States shall ensure that algorithmic management systems processing personal data within the meaning of this Directive shall be fully regulated by Article 22 of Regulation (EU) 2016/679.
1. Emphasises that every new technology shall be deployed and used with the overarching goal of serving people and shall be managed by the people in line with the irrefutable “human in control” principle;
Or. en
1. Emphasises that every new technology in the workplace shall be deployed and used with the overarching goal of serving people - in particular the workers - and shall be managed by the people in line with the irrefutable “human in control” principle;
Amendment 16
Motion for a resolution
Article 3 – point 1
Paragraph 1 a (new)
Motion for a resolution
Amendment
1. Member States shall ensure that employers and procurer of services provide, respectively, their workers and the solo self-employed persons with whom they have a contract, and their representatives, with information, in writing, concerning the use or planned use of systems for algorithmic management in the workplace.
1a. Recalls that the protection of personal data, including the personal data of workers, is a fundamental right that must be upheld in all uses of digital and algorithmic systems in the workplace; stresses that the use of algorithmic systems in the workplace must fully respect workers’ rights to privacy and data protection under Regulation (EU) 2016/679;
1. Member States shall ensure that employers and procurer of services inform, their workers and the solo self-employed persons with whom they have a contract, of the use or planned use of systems for algorithmic management in the workplace, in accordance with Articles 12, 13 and 14 of Regulation (EU) 2016/679. In addition, workers and solo-self employed persons shall receive their behaviour and performance-related data, as well as the types of actions or activities monitored.
Or. en
Amendment 17
Motion for a resolution
Article 3 – point 2 – introductory part
Paragraph 1 b (new)
Motion for a resolution
Amendment
2. The information referred to in paragraph 1 shall include:
1b. Underlines the strategic importance of AI and the digital transition for the future of the labour market and the competitiveness of the European Union;
2. With regard to algorithmic management systems referred to in paragraph 1 that are used to monitor, supervise, evaluate, or make support decisions regarding the working conditions of workers, employers and procurer of services shall inform workers, solo self-employed persons and their representatives about such systems on the first day of work regarding workers, on the first day of the contract regarding solo self-employed persons and before the introduction of changes substantially affecting working conditions, the organisation of work or the monitoring and evaluating of work performance.
Or. en
Amendment 18
Motion for a resolution
Article 3 – point 2 – point a
Paragraph 2
Motion for a resolution
Amendment
(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a general description of their purpose;
2. Stresses that new technologies in the workplace can constitute a competitive advantage and are proven to bring better return to the companies using them; underlines in this regard the fact that companies should be encouraged to integrate such technologies in a responsible and transparent manner ; stresses that the use of such technologies in the workplace should be meticulously overseen rather than restrained, and highlights in this regard the need for a clear regulatory framework that will ensure fair competition and avoid fragmentation of the single market;
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2. Stresses that new technologies in the workplace can constitute a competitive advantage and are proven to bring better return to the companies using them; underlines in this regard the fact that companies should be encouraged to integrate such technologies in consultation with workers representatives and in a responsible and transparent manner; stresses that the use of such technologies in the workplace should be meticulously overseen rather than restrained; underlines the need to avoid fragmentation of the single market;
Or. en
Amendment 19
Motion for a resolution
Article 3 – point 2 – point b
Paragraph 4
Motion for a resolution
Amendment
(b) the categories of data collected and processed by such systems in relation to the workers or solo self-employed persons, including their behaviour and performance-related data, as well as the types of actions or activities monitored;
4. Welcomes the Union of Skills initiative; calls on the Commission to ensure that the expected Quality of Jobs roadmap fully reflects the need for continuous upskilling, reskilling, and in-work training on AI and algorithmic management; stresses that all relevant initiatives aiming to support workers and companies in this transition must be adequately supported, including through sufficient financial resources at Union and national level;
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4. Welcomes the Union of Skills initiative; calls on the Commission to ensure that the expected Quality of Jobs roadmap fully reflects the need for continuous upskilling, reskilling, and in-work training on AI and algorithmic management; stresses that all relevant initiatives aiming to support workers and companies in this transition must be adequately supported, including through targeted investments into sovereign European AI ecosystems, secure digital infrastructure and skills-intensive innovation programmes, as well as through sufficient financial resources at Union and national level; stresses the need to address AI’s threats to certain professions, in order to safeguard diversity;
Or. en
Amendment 20
Motion for a resolution
Article 3 – point 2 – point c
Paragraph 7
Motion for a resolution
Amendment
(c) a clear indication of whether the data collected is used to carry out automated decision-making, and, where applicable, a description of the nature and scope of such decisions.
7. Is concerned that the use of AI and algorithmic management systems is contributing to the phasing out of entry-level jobs, which traditionally serve as an essential gateway into the labour market, underlines the fact that this trend risks affecting disproportionately young people and first-time jobseekers; therefore calls on the Commission and Member States to take proactive measures to ensure that young people entering the labour market are adequately supported and provided with meaningful employment opportunities in the evolving digital economy;
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7. Is concerned that the use of AI and algorithmic management systems in the workplace is leading to the automatisation of certain jobs across entire sectors and to the redefinition of many roles, underlines the fact that this trend risks affecting disproportionately young people and first-time jobseekers, as well as workers in professions particularly vulnerable to AI; therefore calls on the Commission and Member States to take proactive measures to ensure that young people entering the labour market are adequately supported and provided with meaningful employment opportunities in the evolving digital economy;
Or. en
Amendment 21
Motion for a resolution
Article 3 – point 3 – introductory part
Paragraph 8
Motion for a resolution
Amendment
3. The information referred to in paragraph 1 shall be provided at the following times:
8. Stresses that the increasing use of digital technologies in the workplace, including tools that enable constant connectivity as well as real-time monitoring and surveillance, pose numerous risks to the mental health of workers by blurring the boundaries between professional and private life; underlines the fact that such developments can lead to excessive work-related stress, burnout, a deterioration of work-life balance and increasing sentiment of social isolation;
3. The obligation referred to in paragraph 2 shall be provided in writing in a clear and understandable language and shall include a clear statement that algorithmic management systems are in use or intended to be introduced, including a general description of their purpose, functions and any potential consequences for the workers and solo self-employed persons concerned. When providing the information, employers and procurers of services shall take into account vulnerable persons, such as persons with disabilities or persons who cannot read and shall adapt the manner in which the information is provided, where necessary.
8. Stresses that the increasing use of digital technologies in the workplace, including tools that enable constant connectivity as well as real-time monitoring and surveillance, poses numerous risks to the mental health of workers by blurring the boundaries between professional and private life, and serious risks for the respect of fundamental rights; underlines the fact that such developments can lead to excessive work-related stress, burnout, a deterioration of work-life balance and increasing sentiment of social isolation; recalls the need to promote the human-centred development and use of safe, secure and trustworthy AI in the field of work;
Or. en
Amendment 22
Motion for a resolution
Article 3 – point 3 – point a
Paragraph 8 a (new)
Motion for a resolution
Amendment
(a) on or before the first working day to workers and on the first day of the contract to the solo self-employed persons;
8a. Calls on the Member States and the Commission to ensure that deployment of algorithmic systems in the workplace prioritises the use of technologies developed, trained and hosted within the European Union, in order to safeguard fundamental rights, data protection, cybersecurity and strategic autonomy;
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Or. en
Amendment 23
Motion for a resolution
Article 3 – point 3 – point b
Paragraph 9
Motion for a resolution
Amendment
(b) before the introduction of changes substantially affecting working conditions, the organisation of work or monitoring and evaluating work performance;
9. Recognises that algorithmic management may raise performance pressure which can lead to serious health and safety risks, such as musculoskeletal and cardiovascular disorders or exhaustion, causing workers to overlook or disregard safety alerts, significantly increasing the risk of workplace accidents;
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9. Recognises that algorithmic management in the workplace may raise performance pressure which can lead to serious health and safety risks, such as musculoskeletal and cardiovascular disorders or exhaustion, causing workers to overlook or disregard safety alerts, significantly increasing the risk of workplace accidents;
Or. en
Amendment 24
Motion for a resolution
Article 3 – point 3 – point c
Paragraph 10
Motion for a resolution
Amendment
(c) at any time upon their request.
10. Underlines the fact that those risks should be addressed in a comprehensive manner and that any new deployment or significant change of AI tools or algorithmic management systems in the workplace should be subject to health and safety assessment and continuous monitoring, encourages Member States, in cooperation with social partners, to develop sector-specific guidance on the responsible deployment of AI in the workplace and to exchange the best practices;
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10. Underlines the fact that those risks should be addressed in a comprehensive manner and that any new deployment or significant change of AI tools or algorithmic management systems in the workplace should be subject to health and safety assessments, as well as fundamental rights impact assessments of AI systems as defined in the AI Act, and continuous monitoring; encourages Member States, in cooperation with social partners, to develop sector-specific guidance on the responsible deployment of AI in the workplace and to exchange the best practices;
Or. en
Amendment 25
Motion for a resolution
Article 3 – point 4 – paragraph 1
Paragraph 12
Motion for a resolution
Amendment
The information referred to in paragraph 1 shall be provided in a clear and easily understandable manner. Member States shall ensure that employers and procurer of services provide the information in a manner that is adapted to the level of digital literacy reasonably expected of the workers or solo self-employed persons to understand, and that it avoids the use of unnecessarily technical or complex language.
12. Underlines the need for clear assignment of oversight responsibilities in often complex organisational structure of workplaces which will ensure accountability, facilitate effective human supervision, and enable workers to identify the human contact point in the case of any doubts, concerns, or the need for clarification;
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12. Underlines the need for transparency of the often opaque algorithmic management processes combined with a clear assignment of oversight responsibilities in often complex organisational structure of workplaces which will ensure accountability, facilitate effective human supervision, and enable workers to identify the human contact point in the case of any doubts, concerns, or the need for clarification;
Or. en
Amendment 26
Motion for a resolution
Article 3 – point 4 – paragraph 2
Paragraph 13
Motion for a resolution
Amendment
Member States shall ensure that the information referred to in paragraph 1 is provided in formats accessible to people with disabilities.
13. Highlights that there are particular challenges that persons with disabilities, older workers and vulnerable individuals may face in adapting to new technologies in the workplace; therefore calls on the Commission and Member States to introduce inclusive and tailored support measures towards their increasing participation in the labour market and ensuring that everybody benefits from technological advancements;
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13. Highlights that there are particular challenges that persons with disabilities, older workers, vulnerable individuals and employees who lack digital literacy may face in adapting to new technologies in the workplace; recognises, on the other hand, that AI has the potential to offer persons with disabilities more inclusive and accessible working environments; therefore calls on the Commission and Member States to introduce inclusive and tailored support measures towards their increasing participation in the labour market and ensuring that everybody benefits from technological advancements;
Or. en
Amendment 27
Motion for a resolution
Article 3 – point 5
Paragraph 14 a (new)
Motion for a resolution
Amendment
5. The provision of information pursuant to this Article shall be limited to what is strictly necessary for the worker or solo self-employed person to carry out their work, to understand how algorithmic systems influence decisions affecting them, and to exercise their rights.
14a. Calls on the Commission and the Member States to promote algorithmic fairness by supporting meaningful human oversight and the development and use of bias detection and mitigation tools throughout the entire life cycle of algorithmic management systems;
deleted
Or. en
Amendment 28
Motion for a resolution
Article 4 – point 1
Paragraph 15
Motion for a resolution
Amendment
1. Member States shall ensure that the deployment of new systems of algorithmic management, or such updates to existing systems, which directly affect workers' remuneration, working arrangements, or working time, are deemed to be decisions likely to lead to substantial changes in work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC.
15. Stresses that if the Union aims to be at the forefront of the digital transition, it must lead by example in setting high standards for the deployment of AI in work environments, including clear rules on transparency and human oversight; welcomes, in this regard, the Directive (EU)2024/2831 on improving working conditions in platform work, which marks an important first step in regulating algorithmic management by introducing, inter alia, transparency obligations in sectors where such technologies are increasingly shaping decisions on work and workers’ rights;
1. Member States shall ensure that the deployment of new systems of algorithmic management, or updates to existing systems, which directly affect workers' remuneration, working arrangements, or working time, are deemed to be decisions likely to lead to substantial changes in the work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC.
15. Stresses that if the Union aims to be at the forefront of the digital transition, it must not only regulate emerging technologies, but also actively lead their development and deployment within the Union and it must lead by example and become a global reference, by setting high standards for the deployment of AI in work environments, including clear rules on transparency and human oversight; welcomes, in this regard, Directive (EU)2024/2831 on improving working conditions in platform work, which marks an important first step in regulating algorithmic management in the workplace by introducing, inter alia, transparency obligations in sectors where such technologies are increasingly shaping decisions on work and workers’ rights; reiterates further the existence of Regulation (EU) 2016/679 and Regulation (EU) 2024/1689 providing horizontal protections with regard to the use of AI and automated decision-making, including in work environments;
Or. en
Amendment 29
Motion for a resolution
Article 4 – point 2 – introductory part
Paragraph 15 a (new)
Motion for a resolution
Amendment
2. Such consultation shall include:
15a. Recognizes the opportunities presented by digitalization and AI to increase productivity, foster innovation, and enhance Europe's global competitiveness; underlines that any additional regulation must avoid excessive administrative burdens, especially for small and medium-sized enterprises (SMEs), and must not stifle innovation in the workplace;
2. In addition to the information and consultation covered by Article 4(2) of Directive 2002/14/EC, such consultation shall include:
Or. en
Amendment 30
Motion for a resolution
Article 4 – point 2 – point a
Paragraph 16
Motion for a resolution
Amendment
(a) the objectives behind the deployment or update and the work processes and the workers affected;
16. Calls on Member States and the employers for the recognition and effective implementation of the right to disconnect as a fundamental safeguard to protect workers from being permanently reachable or monitored outside of agreed working hours;
(a) the objectives behind the deployment or update of, and the work processes and the workers affected by the algorithmic management system;
16. Calls on Member States and the employers for the recognition and effective implementation of the right to disconnect as a fundamental safeguard to protect workers from being permanently reachable or monitored outside of agreed working hours; further calls for the effective protection of the fundamental rights to private and family life, and of the freedom of expression, assembly and association;
Or. en
Amendment 31
Motion for a resolution
Article 4 – point 2 – point b
Paragraph 16 a (new)
Motion for a resolution
Amendment
(b) changes in workload, work intensity, scheduling, working time, flexibility, or job content;
16a. Calls on the Member States and the Commission to ensure that European companies and public institutions have access to trustworthy and sovereign AI tools developed in accordance with European democratic values, avoiding technological lock-in to providers from non-EU jurisdictions;
(b) relevant data on the changes in workload, work intensity, scheduling, working time, flexibility, or job content that led to the deployment or update of the algorithmic management system;
Or. en
Amendment 32
Motion for a resolution
Article 4 – point 2 – point c
Paragraph 17
Motion for a resolution
Amendment
(c) effects on occupational health and safety;
17. Underlines the fact that the increasing use of AI and algorithmic management in the workplace raises a multitude of challenges concerning the protection of employees’ personal data and privacy, requiring careful consideration and appropriate regulatory responses;
(c) effects of the algorithmic management system on occupational health and safety;
17. Underlines the fact that the increasing use of AI and algorithmic management in the workplace raises a multitude of challenges concerning dignified treatment, personal agency, autonomy and the protection of employees’ personal data and privacy, requiring careful consideration and effective application of the General Data Protection Regulation;
Or. en
Amendment 33
Motion for a resolution
Article 4 – point 2 – point d
Paragraph 18
Motion for a resolution
Amendment
(d) types of data collected;
18. Recognises that companies, particularly small and medium-sized enterprises (SMEs), are already facing significant challenges in navigating an increasingly complex regulatory environment; calls on the Commission to ensure that any future legislation related to algorithmic management is designed with the clear objective of simplification and ease of compliance, emphasises the need for tailored guidance, tools, and support mechanisms to help SMEs understand and implement new requirements effectively;
(d) the types of non-personal data collected by the algorithmic management system;
18. Recalls that Regulation (EU) 2024/1689 recognises that companies, particularly SMEs, are already facing significant challenges in navigating an increasingly complex regulatory environment; calls on the Commission to ensure that there is no duplication in between the various existing Regulations and to ensure any future legislation related to algorithmic management in the workplace is designed with the clear objective of simplification and ease of compliance, avoiding duplication or overlap with existing legal obligations under Regulation (EU) 2016/679, Regulation (EU) 2024/1689, and other relevant EU instruments; emphasises the need for tailored guidance, tools, and support mechanisms to help SMEs understand and implement new requirements effectively;
Or. en
Amendment 34
Motion for a resolution
Article 4 – point 2 – point e
Paragraph 19
Motion for a resolution
Amendment
(e) measures in place to detect and mitigate bias or discriminatory outcome;
19. Requests that the Commission submit, on the basis of Articles 153(2), point (b), in conjunction with Article 153 (1), point (b), and Article 16(2) of the Treaty on the Functioning of the European Union, a proposal for a Directive on algorithmic management in the workplace, following the recommendations set out in the Annex hereto;
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19. Requests that the Commission submit, on the basis of Articles 153(2), point (b), in conjunction with Article 153 (1), point (b), and Article 16(2) of the Treaty on the Functioning of the European Union, a proposal for a Directive on algorithmic management in the workplace that specifically remedies identified gaps, following the recommendations set out in the Annex hereto;
Or. en
Amendment 35
Motion for a resolution
Article 4 – point 2 – point f
Annex I – recital 1
Motion for a resolution
Amendment
(f) human oversight mechanisms;
(1) The unprecedented scale, depth and rapid pace of the transformation, and its profound impact on the work patterns present cross cutting challenges that transcend national borders and need to be addressed at Union level.
deleted
(1) The unprecedented scale, depth and rapid pace of the digital transition of the workplace, and its profound impact on the work patterns present cross cutting challenges that transcend national borders and need to be addressed at Union level.
Or. en
Amendment 36
Motion for a resolution
Article 5 – point 1 – point f
Annex I – recital 2
Motion for a resolution
Amendment
(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.
(2) Algorithmic management systems should be understood as tools and enablers that serve both employers and workers by improving efficiency, facilitating decision-making, and supporting better work organisation. When used responsibly and transparently, such systems can contribute to more balanced and informed workplace practices. Their careful deployment under a common set of Union rules should unlock their potential ensuring implementation in a manner that upholds fundamental rights, fosters trust and promotes the overall well-being of workers.
deleted
(2) Algorithmic management systems in the workplace should be understood as tools and enablers that serve both employers and workers by improving efficiency, facilitating decision-making, and supporting better work organisation. When used subject to robust human oversight, transparency, and accountability mechanisms and in consultation with workers representatives, such systems can contribute to more balanced and informed workplace practices. However, these systems may pose a significant risk of undermining fair working conditions, dignified treatment of workers and autonomy. Their careful deployment under a common set of Union rules should unlock their potential while mitigating some of these risks when ensuring implementation in a manner that upholds fundamental rights and fosters trust, while enhancing the overall well-being of workers.
Or. en
Amendment 37
Motion for a resolution
Article 5 – point 2
Annex I – recital 3
Motion for a resolution
Amendment
2. Nothing in this Directive shall be interpreted as permitting practices that are otherwise prohibited under the Regulation (EU) 2016/679 or Regulation (EU) 2024/1689 of the European Parliament and of the Council10 .
(3) Lack of clear comprehension of the functioning of algorithmic management systems impedes the workers from effectively asserting their data rights, which further reinforces the imbalance of power in favour of the employer. There is evidence that involving workers and their representatives in consultations improves both performance and working conditions4 .
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(3) Opacity of decision-making is a well-known problem associated with AI tools in general. The resulting lack of clear comprehension of the functioning of algorithmic management systems in the workplace may prevent workers from effectively asserting their rights and may give them the impression of being excluded from decision-making or of losing control, which further reinforces the imbalance of power in favour of the employer. There is evidence that involving workers and their representatives in consultations improves both performance and working conditions4.
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10 Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (Text with EEA relevance) PE/24/2024/REV/1 (OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj).
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Or. en
4 OECD 2023. https://www.oecd.org/en/publications/the-impact-of-ai-on-the-workplace-main-findings-from-the-oecd-ai-surveys-of-employers-and-workers_ea0a0fe1-en.html; https://www.eurofound.europa.eu/en/publications/2020/european-company-survey-2019-workplace-practices-unlocking-employee-potential;
4 OECD 2023. https://www.oecd.org/en/publications/the-impact-of-ai-on-the-workplace-main-findings-from-the-oecd-ai-surveys-of-employers-and-workers_ea0a0fe1-en.html; https://www.eurofound.europa.eu/en/publications/2020/european-company-survey-2019-workplace-practices-unlocking-employee-potential;
Amendment 38
Motion for a resolution
Article 6 – point 1
Annex I – recital 4
Motion for a resolution
Amendment
1. Member States shall ensure that employers and procurer of services maintain effective human oversight at all times over all algorithmic management systems deployed in the workplace. Member States shall also ensure that employers and procurer of services designate, and inform workers, solo self-employed persons, and their representatives, thereof, the entity responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for reviewing their decisions.
(4) The AI Act represents a significant step forward in regulating high-risk artificial intelligence systems, it remains nevertheless insufficient to fully address the challenges posed by algorithmic management in the workplace. Although it classifies work-related AI tools as high-risk, its primary focus is on market placement, product safety, and compliance obligations for providers and users, and not on the employer– worker relationship. Moreover, the AI Act does not apply to algorithmic management systems that are not AI-based, leaving a regulatory gap in addressing the broader impact of digital management tools on workers’ rights, working conditions, and social dialogue.
1. With regard to algorithmic management systems referred to in Article 3(3) of this Directive which are not covered by Regulation (EU) 2024/1689, Member States shall ensure that employers and procurers of services inform workers, solo self-employed persons, and their representatives of the entity responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for reviewing their decisions.
(4) Regulation (EU) 2024/1689 constitutes a landmark achievement in establishing a comprehensive regulatory framework for artificial intelligence systems, including those deployed in employment contexts. It is designed as horizontally applicable legislation ensuring a high level of protection of health, safety and fundamental rights against harmful effects of AI, such as AI-based algorithmic management systems in the workplace. Certain provisions of the AI Act focus directly on the protection of workers’ rights, particularly the prohibition to infer emotions in the area of workplace and the categorisation of certain AI systems in the context of employment as high-risk AI systems, requiring additional risk management, transparency and human oversight safeguards and obligations. Further, the AI Act explicitly provides for the possibility of the Union and the Member States to put in place rules more favourable to workers.
Or. en
Amendment 39
Motion for a resolution
Article 6 – point 2 – paragraph 1
Annex I – recital 4 a (new)
Motion for a resolution
Amendment
Member States shall ensure that workers and solo self-employed persons, upon request, have the right to obtain from the employer or the procurer of services , an oral or written explanation regarding any decision affecting the essential aspects of their employment or contractual relationship, including the allocation of tasks, the evaluation of performance, working time scheduling, remuneration, and disciplinary measures, where any decision relating to such matters has been taken or has been substantially influenced by an algorithmic system.
(4a) While the AI Act classifies many work-related AI tools as high-risk, its primary focus is on market placement, product safety, and compliance obligations for providers and users. The AI Act does not contain specific provisions on the use of algorithmic systems from the perspective of workers or the employment relationship and it does not apply to algorithmic management systems that are not AI-based, leaving space for further analysis of a potential regulatory gap in addressing the broader impact of digital management tools on workers’ rights, working conditions, and social dialogue.
deleted
Or. en
Amendment 40
Motion for a resolution
Article 6 – point 3
Annex I – recital 5
Motion for a resolution
Amendment
(5) Regulation (EU) 2016/679 of the European Parliament and of the Council5 [General Data Protection Regulation] dates back to 2016 and was not specifically designed to address the particular challenges of data protection in the workplace, and since then technological and workplace realities have evolved significantly, necessitating an update and reinforcement of data protection provisions applicable to employment, as it currently leaves room for interpretation. Article 15(1), point (h), of Regulation (EU) 2016/679, which lays down the transparency requirements for and the limitations of data processing, only provides for clear prohibitions in the case of fully automated decision-making processes, which are therefore not sufficient in most employment-related contexts. What is more, Regulation (EU) 2016/679 adopts individualistic approach and does not grant collective rights. Since the entry into force of Regulation (EU) 2016/679, Article 88 on the protection of workers' personal data has been poorly implemented and remains largely ineffective in nearly all Member States6 .
(5) Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) provides a horizontally applicable legal framework to protect the rights of individuals with regard to the processing of their personal data, including in the context of work. Regulation (EU) 2016/679 applies without prejudice to the AI Act to both AI-based algorithmic systems and systems that are not based on AI. However, to ensure that digital management systems—whether AI-based or not—are used in a way that uphold workers’ rights, dignity, and fair working conditions, there is space for analysis whether further complementary measures may need to be considered.
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5 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
6 Abraha H. (2023), Article 88 GDPR and the Interplay between EU and Member State Employee Data protection rules, The Modern Law Review
Amendment 41
Motion for a resolution
Annex I – recital 5 a (new)
Motion for a resolution
Amendment
(5a) Regulation (EU) 2016/679 was adopted in a technologically neutral and future-proof manner. It applies to the processing of personal data wholly or partly by automated means and, under Chapter III, provides for important rights available to data subjects. It gives data subjects the right not to be subject to a decision based solely on automated processing including profiling, where that decision produces legal effects or similarly significantly affects them. Such processing includes algorithmic management systems in the workplace. Regulation (EU) 2016/679 adopts a rights-based approach for individuals, however, with limited provisions regarding collective rights.
Amendment 42
Motion for a resolution
Annex I – recital 5 b (new)
Motion for a resolution
Amendment
(5b) Article 22 of Regulation (EU) 2016/679 should apply to decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration that are taken solely on the basis of algorithmic management. Such decisions should also be subject to review and final determination by a human supervisor.
Amendment 43
Motion for a resolution
Annex I – recital 5 c (new)
Motion for a resolution
Amendment
(5c) Article 88 of Regulation (EU) 2016/679 on the protection of workers' personal data further allows Member States, by law or by collective agreements, to provide for more specific rules to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data in the employment context. However, since the entry into force of Regulation (EU) 2016/679, Article 88 has not been widely used by the Member States.1a
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1a Abraha H. (2023), Article 88 GDPR and the Interplay between EU and Member State Employee Data protection rules, The Modern Law Review
Amendment 44
Motion for a resolution
Annex I – recital 8
Motion for a resolution
Amendment
(8) This Directive should establish common Union minimum standards for the use of algorithmic management in the workplace, ensuring increased transparency and legal certainty across Member States. By creating a level playing field for all companies, including small and medium-sized enterprises, the directive should aim to support a fair and responsible uptake of algorithmic management tools. It will furthermore enhance clarity and predictability for workers and solo self-employed persons, enriching their working experience, fostering trust in digital technologies, and helping to mitigate the potential risks associated with algorithmic decision-making in employment contexts,
(8) This Directive should establish common Union minimum requirements regarding transparency and human oversight, accountability, access to information as well as health and safety requirements of algorithmic management in the workplace to strengthen workers' rights and legal certainty across Member States to protect workers from excessive monitoring and support the principle of human agency and control over AI powered decisions. By creating a level playing field for all companies, including SMEs, this Directive should aim to support a fair and responsible uptake of algorithmic management tools in the workplace. It should furthermore enhance clarity and predictability for workers and solo self-employed persons, enriching their working experience, fostering trust in digital technologies, and helping to mitigate the potential risks associated with algorithmic decision-making in employment contexts,
Amendment 45
Motion for a resolution
Annex 1 – Article 1 – paragraph 1
Motion for a resolution
Amendment
1. This Directive lays down minimum requirements for the transparent use of algorithmic management in the workplace.
1. This Directive lays down minimum requirements for transparency and human oversight, accountability, access to information as well as health and safety requirements of algorithmic management systems in the workplace.
Amendment 46
Motion for a resolution
Annex 1 – Article 1 – paragraph 2
Motion for a resolution
Amendment
2. This Directive applies to every worker and employer in the Union as well as solo self-employed persons and the relevant procurers of services.
2. This Directive applies to every worker and employer in the Union as well as solo self-employed persons and the relevant procurers of services and lays down more specific rules to ensure the protection of the rights and freedoms in respect of the processing of personal data in the employment context.
Amendment 47
Motion for a resolution
Annex 1 – Article 1 – paragraph 2 a (new)
Motion for a resolution
Amendment
2a. Union law on the protection of personal data and privacy fully applies to personal data processing in this Directive, which is without prejudice to the rules laid down in Regulation (EU) 2016/679. This Directive shall not affect the competences and powers of the supervisory authorities referred to in Regulation (EU) 2016/679.
Amendment 48
Motion for a resolution
Annex 1 – Article 1 – paragraph 2 b (new)
Motion for a resolution
Amendment
2b. This Directive is without prejudice to the rules laid down in Regulation (EU) 2024/1689. This Directive shall not affect the competences and powers of the market surveillance authorities in that Regulation.
Amendment 49
Motion for a resolution
Annex 1 – Article 2 – paragraph 1 – introductory part
Motion for a resolution
Amendment
For the purposes of the Directive, the following definitions apply:
For the purposes of this Directive, the following definitions apply:
Amendment 50
Motion for a resolution
Annex 1 – Article 2 – paragraph 1 – point 1
Motion for a resolution
Amendment
1. ‘algorithmic management’ means the use of automated systems to monitor, supervise, evaluate, or make or support decisions—by electronic means—regarding the work performance and working conditions of workers including systems that process personal data to oversee activities within the work environment, as well as systems that take or support decisions significantly affecting workers or solo self-employed persons, such as the organisation of work assignments, earnings, safety and health, working time, access to training, promotion, and contractual status;
1. ‘algorithmic management in the workplace’ means the use of automated systems operating by electronic means to monitor, supervise, evaluate, or take or support decisions regarding the work performance and working conditions of workers or solo self-employed persons. This includes systems that oversee activities within the work environment, as well as those that influence or determine significant aspects of the working relationship, such as the allocation of work, earnings, occupational health and safety, working time, access to training, promotion opportunities, and the recruitment, continuation, or termination of a contractual relationship;
Amendment 51
Motion for a resolution
Annex 1 – Article 3 – point 1
Motion for a resolution
Amendment
1. Member States shall ensure that employers and procurer of services provide, respectively, their workers and the solo self-employed persons with whom they have a contract, and their representatives, with information, in writing, concerning the use or planned use of systems for algorithmic management in the workplace.
1. Member States shall ensure that employers and procurers of services inform their workers and the solo self-employed persons with whom they have a contract, and their representatives in writing and in a clear and understandable manner of the use or planned use of systems for algorithmic management in the workplace in accordance with Article 12, Article 13 and Article 14 of Regulation (EU) 2016/679 and Article 50 of Regulation (EU) 2024/1689.
Amendment 52
Motion for a resolution
Annex 1 – Article 3 – point 1 a (new)
Motion for a resolution
Amendment
1a. Member States shall ensure that employers and procurers of services using algorithmic management systems in the workplace, acting as deployers within the meaning of Article 3(4) of Regulation (EU) 2024/1689, are duly acquainted with the instructions of use, as provided under Article 13(3) of that Regulation, of each particular algorithmic management system before its deployment in the workplace, including any known or foreseeable circumstance which may lead to risks to the health and safety or fundamental rights of their workers.
Amendment 53
Motion for a resolution
Annex 1 – Article 3 – point 2 – introductory part
Motion for a resolution
Amendment
2. The information referred to in paragraph 1 shall include:
2. The information referred to in paragraph 1 shall be provided in accordance with Regulation (EU) 2016/679 and include:
Amendment 54
Motion for a resolution
Annex 1 – Article 3 – point 2 – point a
Motion for a resolution
Amendment
(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a general description of their purpose;
(a) a description of the purpose of the algorithmic management system deployed or intended to be introduced;
Amendment 55
Motion for a resolution
Annex 1 – Article 3 – point 2 – point b
Motion for a resolution
Amendment
(b) the categories of data collected and processed by such systems in relation to the workers or solo self-employed persons, including their behaviour and performance-related data, as well as the types of actions or activities monitored;
(b) the behaviour and performance-related data of workers and solo-self employed persons, as well as the types of actions or activities monitored;
Amendment 56
Motion for a resolution
Annex 1 – Article 3 – point 2 – point c
Motion for a resolution
Amendment
(c) a clear indication of whether the data collected is used to carry out automated decision-making, and, where applicable, a description of the nature and scope of such decisions.
(c) the categories of decisions that are being taken or supported by algorithmic management systems and a description of the nature and scope of such decisions.
Amendment 57
Motion for a resolution
Annex 1 – Article 3 – point 3 – introductory part
Motion for a resolution
Amendment
3. The information referred to in paragraph 1 shall be provided at the following times:
3. The information referred to in paragraph 1 shall be provided at the request of the worker or solo self-employed person and, in any event, at the beginning of the recruitment or selection procedure or on the first day of work in the case of solo self-employed workers. In addition, the information shall be provided before the introduction of changes in accordance with Article 4(1).
Amendment 58
Motion for a resolution
Annex 1 – Article 3 – point 3 – point a
Motion for a resolution
Amendment
(a) on or before the first working day to workers and on the first day of the contract to the solo self-employed persons;
deleted
Amendment 59
Motion for a resolution
Annex 1 – Article 3 – point 3 – point b
Motion for a resolution
Amendment
(b) before the introduction of changes substantially affecting working conditions, the organisation of work or monitoring and evaluating work performance;
deleted
Amendment 60
Motion for a resolution
Annex 1 – Article 3 – point 3 – point c
Motion for a resolution
Amendment
(c) at any time upon their request.
deleted
Amendment 61
Motion for a resolution
Annex 1 – Article 3 – point 4 – paragraph 1
Motion for a resolution
Amendment
The information referred to in paragraph 1 shall be provided in a clear and easily understandable manner. Member States shall ensure that employers and procurer of services provide the information in a manner that is adapted to the level of digital literacy reasonably expected of the workers or solo self-employed persons to understand, and that it avoids the use of unnecessarily technical or complex language.
The information referred to in paragraph 1 shall be provided in accordance with Article 12 of Regulation (EU) 2016/679 in a manner that is adapted to the level of digital literacy reasonably expected of the workers or solo self-employed persons and avoiding the use of unnecessarily technical or complex language. When providing the information, employers and procurers of services shall take into account vulnerable persons, such as persons with disabilities or persons who cannot read and shall adapt the manner in which the information is provided, where necessary.
Amendment 62
Motion for a resolution
Annex 1 – Article 3 – point 4 – paragraph 2
Motion for a resolution
Amendment
Member States shall ensure that the information referred to in paragraph 1 is provided in formats accessible to people with disabilities.
deleted
Amendment 63
Motion for a resolution
Annex 1 – Article 3 – point 5
Motion for a resolution
Amendment
5. The provision of information pursuant to this Article shall be limited to what is strictly necessary for the worker or solo self-employed person to carry out their work, to understand how algorithmic systems influence decisions affecting them, and to exercise their rights.
deleted
Amendment 64
Motion for a resolution
Annex 1 – Article 4 – point 1
Motion for a resolution
Amendment
1. Member States shall ensure that the deployment of new systems of algorithmic management, or such updates to existing systems, which directly affect workers' remuneration, working arrangements, or working time, are deemed to be decisions likely to lead to substantial changes in work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC.
1. Member States shall ensure that the deployment of new systems of algorithmic management in the workplace, or updates to existing systems, which directly affect workers' and solo self-employed persons’ remuneration, working arrangements, or working time, are deemed to be decisions likely to lead to substantial changes in the work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC.
Amendment 65
Motion for a resolution
Annex 1 – Article 4 – point 2 – point a
Motion for a resolution
Amendment
(a) the objectives behind the deployment or update and the work processes and the workers affected;
(a) the objectives behind the deployment or update of the algorithmic management system, the work processes and the workers and solo self-employed persons affected by the system;
Amendment 66
Motion for a resolution
Annex 1 – Article 4 – point 2 – point c
Motion for a resolution
Amendment
(c) effects on occupational health and safety;
(c) effects of the algorithmic management system on occupational health and safety;
Amendment 67
Motion for a resolution
Annex 1 – Article 4 – point 2 – point d
Motion for a resolution
Amendment
(d) types of data collected;
(d) the types of data collected by the algorithmic management system;
Amendment 68
Motion for a resolution
Annex 1 – Article 4 – point 2 – point d a (new)
Motion for a resolution
Amendment
(da) relevant documentation in accordance with Article 11 of Regulation (EU) 2024/1689 for high-risk AI systems deployed or used at the workplace.
Amendment 69
Motion for a resolution
Annex 1 – Article 4 – point 2 – point e
Motion for a resolution
Amendment
(e) measures in place to detect and mitigate bias or discriminatory outcome;
deleted
Amendment 70
Motion for a resolution
Annex 1 – Article 5 – point 1 – introductory part
Motion for a resolution
Amendment
1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:
1. Member States shall ensure that employers and procurers of services shall not process any personal data by means of algorithmic management systems in the workplace concerning:
Amendment 71
Motion for a resolution
Annex 1 – Article 5 – point 1 – point a
Motion for a resolution
Amendment
(a) the emotional or psychological state of workers or solo self-employed persons;
(a) the emotional or psychological state of workers or solo self-employed persons in accordance with the prohibition to infer emotions of a natural person in the areas of workplace as established by Article 5(1)(f) of Regulation (EU) 2024/1689;
Amendment 72
Motion for a resolution
Annex 1 – Article 5 – point 1 – point c
Motion for a resolution
Amendment
(c) private conversations;
(c) private conversations, including electronic communications and conversations with other workers and workers’ representatives, except where such processing is lawful in accordance with Article 6(1)(c) or (d) of Regulation (EU) 2016/679;
Amendment 73
Motion for a resolution
Annex 1 – Article 5 – point 1 – point f
Motion for a resolution
Amendment
(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.
(f) special categories of personal data in accordance with Article 9 of Regulation (EU) 2016/679.
Amendment 74
Motion for a resolution
Annex 1 – Article 6 – point 1
Motion for a resolution
Amendment
1. Member States shall ensure that employers and procurer of services maintain effective human oversight at all times over all algorithmic management systems deployed in the workplace. Member States shall also ensure that employers and procurer of services designate, and inform workers, solo self-employed persons, and their representatives, thereof, the entity responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for reviewing their decisions.
1. With regard to algorithmic management systems in the workplace which are not covered by Regulation (EU) 2024/1689, Member States shall ensure that employers and procurers of services maintain effective human oversight at all times over all algorithmic management systems deployed in the workplace. Member States shall also ensure that employers and procurers of services designate, and inform workers, solo self-employed persons, and their representatives of the person or entity responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for reviewing their decisions.
Amendment 75
Motion for a resolution
Annex 1 – Article 6 – point 1 a (new)
Motion for a resolution
Amendment
1a. Member States shall ensure that measures remain proportionate and accessible, avoiding excessive internal administrative burden and disproportionate reporting obligations on employers.
Amendment 76
Motion for a resolution
Annex 1 – Article 6 – point 1 b (new)
Motion for a resolution
Amendment
1b. Member States shall ensure that employers and procurers of services that deploy algorithmic management in the workplace inform their workers about their right to contest a decision based on individual automated decision-making and profiling pursuant to Article 22 of Regulation (EU) 2016/679, and the right to explanation of individual decision-making under Article 86 of Regulation (EU) 2024/1689.
Amendment 77
Motion for a resolution
Annex 1 – Article 6 – point 2 – paragraph 1
Motion for a resolution
Amendment
Member States shall ensure that workers and solo self-employed persons, upon request, have the right to obtain from the employer or the procurer of services , an oral or written explanation regarding any decision affecting the essential aspects of their employment or contractual relationship, including the allocation of tasks, the evaluation of performance, working time scheduling, remuneration, and disciplinary measures, where any decision relating to such matters has been taken or has been substantially influenced by an algorithmic system.
Without prejudice to Article 15 of Regulation (EU) 2016/679 or Articles 26(7) and 86 of Regulation (EU) 2024/1689, Member States shall, also in cases where these Regulations do not apply, ensure that workers and solo self-employed persons, upon request, have the right to obtain from the employer or the procurer of services , an oral or written explanation regarding any decision affecting the essential aspects of their employment or contractual relationship, including the allocation of tasks, the evaluation of performance, working time scheduling, remuneration, and disciplinary measures, where any decision relating to such matters has been taken or has been substantially influenced by an algorithmic system.
Amendment 78
Motion for a resolution
Annex 1 – Article 6 – point 2 – paragraph 2
Motion for a resolution
Amendment
The explanation referred to in paragraph 1 shall be provided within a reasonable time and in a format that is accessible and comprehensible to the worker or solo self-employed person concerned.
The explanation referred to in paragraph 1 and 1b shall be provided within a reasonable time and in a format that is accessible and comprehensible to the worker or solo self-employed person concerned.
Amendment 79
Motion for a resolution
Annex 1 – Article 6 – point 3
Motion for a resolution
Amendment
3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.
deleted
Or. en
Amendment 80
Amendment 41
Motion for a resolution
Annex 1 – Article 6 – point 4
Motion for a resolution
4. Member States shall ensure that the representatives of workers and of solo self-employed persons may request the employer or procurer of services to trigger a review of the functioning of the algorithmic management systems in place where there is a justified concern that such systems exhibit systemic biases or faults or pose a threat to the mental or physical well-being of workers or solo self-employed persons or to health and safety at the workplace.
4. With regard to the algorithmic management systems referred to in paragraph 1, Member States shall ensure that the representatives of workers and of solo self-employed persons may request the employer or procurer of services to trigger a review of the functioning of the algorithmic management systems in placethe whereworkplace in case there is a justified concern that such systems exhibit systemic biases or faults or pose a threat to the mental or physical well-being of workers or solo self-employed persons or to health and safety at the workplace. Member States shall ensure that the review does not result in the identification of any data subject, unless such identification is expressly requested by the worker or solo self-employed person concerned, who is the data subject. Any processing of personal data during such review shall comply with Regulation (EU) 2016/679.
Or. en
Amendment 81
Amendment 42
Motion for a resolution
Annex 1 – Article 7 – point 1 – point a
Motion for a resolution
(a) evaluate the risks of algorithmic management system to their safety and health, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks as well as undue pressure put on workers;
(a) evaluate the risks of algorithmic management systemssystems, employedon bythe thembasis thatof arethe notinstructions basedof onuse AIavailable to the employer or procurer of services acting as a deployer in accordance with Regulation (EU) 2024/1689, regarding their risk on safety and health, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks as well as undue pressure put on workers;
Or. en
Amendment 82
Amendment 43
Motion for a resolution
Annex 1 – Article 7 – point 1 – point c
Motion for a resolution
(c) introduce appropriate preventive and protective measures.
(c) introduce appropriate preventive, protectivepreventive and, based on the risk identified following the evaluation and assessment pursuant to points (a) and (b), appropriate mitigating measures.
Or. en
Amendment 83
Amendment 44
Motion for a resolution
Annex 1 – Article 78 – point 1 a (new)
Motion for a resolution
Amendment
1a. Member States shall ensure that should the assessment under paragraph 1 lead to the conclusion that the risks identified are disproportionate, the employer ceases to employ the relevant algorithmic management systems.
1a. The authorities responsible for monitoring and enforcing the application of Regulation (EU) 2016/679 and of Regulation (EU) 2024/1689, each acting within the scope of their respective competence, shall cooperate with each other and with the authorities competent to enforce the application of this Directive mentioned in paragraph 2. Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679, Member States shall ensure the right to redress of workers or solo self-employed persons.
Or. en
Amendment 84
Motion for a resolution
Annex 1 – Article 8 – point 2 – point b
Motion for a resolution
Amendment
(b) the absence of bias and discrimination in the design, deployment or functioning of such systems;
(b) the absence of bias and discrimination in the design, deployment or functioning of such systems, in particular possible impacts on vulnerable groups;
ANNEX: DECLARATION OF INPUT
The rapporteur for opinion declares under her exclusive responsibility that she did not include in her opinion input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.
INFORMATION ON ADOPTION BY THE COMMITTEE ASKED FOR OPINION
Date adopted
23.9.2025
Result of final vote
+:
–:
0:
55
8
3
Members present for the final vote
Magdalena Adamowicz, Abir Al-Sahlani, Giuseppe Antoci, Jaume Asens Llodrà, Pernando Barrena Arza, Nikola Bartůšek, Ioan-Rareş Bogdan, Krzysztof Brejza, Saskia Bricmont, Jorge Buxadé Villalba, Jaroslav Bžoch, Caterina Chinnici, Veronika Cifrová Ostrihoňová, Alessandro Ciriani, Paulo Cunha, Lena Düpont, Marieke Ehlers, Raquel García Hermida-Van Der Walle, Branko Grims, Evin Incir, Irena Joveva, Erik Kaliňák, Marina Kaljurand, Mariusz Kamiński, Fabienne Keller, Moritz Körner, Alice Kuhnke, András László, Fabrice Leggeri, Jeroen Lenaers, Juan Fernando López Aguilar, Erik Marquardt, Michael McNamara, Nadine Morano, Matjaž Nemec, Ana Miguel Pedro, Emil Radev, Ilaria Salis, Birgit Sippel, Petra Steger, Cecilia Strada, Tineke Strik, Georgiana Teodorescu, Alice Teodorescu Måwe, Tomas Tobé, Tom Vandendriessche, Charlie Weimers, Ewa Zajączkowska-Hernik, Alessandro Zan, Javier Zarzalejos, Tomáš Zdechovský
Substitutes present for the final vote
Alex Agius Saliba, Konstantinos Arvanitis, Fredis Beleris, David Casa, Monika Hohlmeier, Nikola Minchev, Javier Moreno Sánchez, Leoluca Orlando, Gaetano Pedulla’, Pekka Toveri, Maciej Wąsik
Members under Rule 216(7) present for the final vote
Isilda Gomes, Joanna Scheuring-Wielgus, Marion Walsmann, Kosma Złotowski
FINAL VOTE BY ROLL CALL BY THE COMMITTEE ASKED FOR OPINION
55
+
ECR
Alessandro Ciriani, Mariusz Kamiński, Georgiana Teodorescu, Maciej Wąsik, Kosma Złotowski
NI
Erik Kaliňák
PPE
Magdalena Adamowicz, Fredis Beleris, Krzysztof Brejza, David Casa, Caterina Chinnici, Paulo Cunha, Lena Düpont, Branko Grims, Jeroen Lenaers, Nadine Morano, Ana Miguel Pedro, Emil Radev, Pekka Toveri, Marion Walsmann, Javier Zarzalejos, Tomáš Zdechovský
PfE
Nikola Bartůšek, Jorge Buxadé Villalba, Jaroslav Bžoch, Marieke Ehlers, András László, Fabrice Leggeri, Petra Steger, Tom Vandendriessche
Renew
Abir Al-Sahlani, Veronika Cifrová Ostrihoňová, Raquel García Hermida-Van Der Walle, Irena Joveva, Fabienne Keller, Moritz Körner, Michael McNamara, Nikola Minchev
S&D
Alex Agius Saliba, Isilda Gomes, Evin Incir, Marina Kaljurand, Juan Fernando López Aguilar, Javier Moreno Sánchez, Matjaž Nemec, Joanna Scheuring-Wielgus, Birgit Sippel, Cecilia Strada, Alessandro Zan
Verts/ALE
Jaume Asens Llodrà, Saskia Bricmont, Alice Kuhnke, Erik Marquardt, Leoluca Orlando, Tineke Strik
8
-
ECR
Charlie Weimers
PPE
Ioan-Rareş Bogdan, Monika Hohlmeier, Alice Teodorescu Måwe, Tomas Tobé
The Left
Konstantinos Arvanitis, Pernando Barrena Arza, Ilaria Salis
3
0
ESN
Ewa Zajączkowska-Hernik
The Left
Giuseppe Antoci, Gaetano Pedulla'
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