Sittings · Document

DRAFT OPINION (2025/2080(INL)) 2025-07-02

With recommendations to the Commission on Digitalisation, artificial intelligence and algorithmic management in the workplace – shaping the future of work

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Jadwiga Wiśniewska

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs presents the following to the Committee on Employment and Social Affairs, as the committee responsible:

Amendment 1

Motion for a resolution

Citation 16

Motion for a resolution

Amendment

– having regard to 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),

– 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 E

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;

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;

Or. en

Amendment 3

Motion for a resolution

Annex I – paragraph 12 – point 1

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.

(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.

Or. en

Amendment 4

Motion for a resolution

Annex I – paragraph 12 – point 3

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 .

(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.

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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;

Or. en

Amendment 5

Motion for a resolution

Annex I – paragraph 12 – point 4

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.

(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

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 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.

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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

Or. en

Amendment 7

Motion for a resolution

Annex I – paragraph 12 – point 5 a (new)

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.

Or. en

Amendment 8

Motion for a resolution

Annex I – paragraph 12 – point 6

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.

(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.

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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).

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

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 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,

Or. en

Amendment 10

Motion for a resolution

Article 1 – point 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 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)

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.

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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)

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.

Or. en

Amendment 13

Motion for a resolution

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:

Or. en

Amendment 14

Motion for a resolution

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’ 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)

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.

Or. en

Amendment 16

Motion for a resolution

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 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

Motion for a resolution

Amendment

2. The information referred to in paragraph 1 shall include:

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

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;

deleted

Or. en

Amendment 19

Motion for a resolution

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;

deleted

Or. en

Amendment 20

Motion for a resolution

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.

deleted

Or. en

Amendment 21

Motion for a resolution

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 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.

Or. en

Amendment 22

Motion for a resolution

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

Or. en

Amendment 23

Motion for a resolution

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

Or. en

Amendment 24

Motion for a resolution

Article 3 – point 3 – point c

Motion for a resolution

Amendment

deleted

Or. en

Amendment 25

Motion for a resolution

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.

deleted

Or. en

Amendment 26

Motion for a resolution

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

Or. en

Amendment 27

Motion for a resolution

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

Or. en

Amendment 28

Motion for a resolution

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, 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.

Or. en

Amendment 29

Motion for a resolution

Article 4 – point 2 – introductory part

Motion for a resolution

Amendment

2. Such consultation shall include:

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

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, and the work processes and the workers affected by the algorithmic management system;

Or. en

Amendment 31

Motion for a resolution

Article 4 – point 2 – point b

Motion for a resolution

Amendment

(b) changes in workload, work intensity, scheduling, working time, flexibility, or job content;

(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

Motion for a resolution

Amendment

Or. en

Amendment 33

Motion for a resolution

Article 4 – point 2 – point d

Motion for a resolution

Amendment

(d) types of data collected;

(d) the types of non-personal data collected by the algorithmic management system;

Or. en

Amendment 34

Motion for a resolution

Article 4 – point 2 – point e

Motion for a resolution

Amendment

(e) measures in place to detect and mitigate bias or discriminatory outcome;

deleted

Or. en

Amendment 35

Motion for a resolution

Article 4 – point 2 – point f

Motion for a resolution

Amendment

(f) human oversight mechanisms;

deleted

Or. en

Amendment 36

Motion for a resolution

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.

deleted

Or. en

Amendment 37

Motion for a resolution

Article 5 – point 2

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 .

deleted

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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).

Or. en

Amendment 38

Motion for a resolution

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 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.

Or. en

Amendment 39

Motion for a resolution

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.

deleted

Or. en

Amendment 40

Motion for a resolution

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 41

Motion for a resolution

Article 6 – point 4

Motion for a resolution

Amendment

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 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.

Or. en

Amendment 42

Motion for a resolution

Article 7 – point 1 – point a

Motion for a resolution

Amendment

(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 systems employed by them that are not based on AI regarding 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;

Or. en

Amendment 43

Motion for a resolution

Article 7 – point 1 – point c

Motion for a resolution

Amendment

(c) introduce appropriate preventive, protective and, based on the risk identified following the evaluation and assessment pursuant to points (a) and (b), appropriate mitigating measures.

Or. en

Amendment 44

Motion for a resolution

Article 7 – 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.

Or. en