Love letters from Brussels Rights for self employed platform workers - - PowerPoint PPT Presentation

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Love letters from Brussels Rights for self employed platform workers - - PowerPoint PPT Presentation

Jan 13, 2024 420 likes •1.01k views

Love letters from Brussels Rights for self employed platform workers in EU law 15 November 2019 Berlin Michael Six Silberman IG Metall Headquarters Organization, Frankfurt Crowdsourcing Project michael.silberman@igmetall.de

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Love letters from Brussels

Rights for self employed platform workers in EU law 15 November 2019 • Berlin

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Michael „Six“ Silberman IG Metall Headquarters Organization, Frankfurt Crowdsourcing Project michael.silberman@igmetall.de Office: +49 69 6693 2324 Mobile: +49 160 9076 8143

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Content

  • GDPR
  • Platform-to-Business Regulation
  • Proposed Platform Work Directive
  • Three short notes
  • Proposed EU Regulation on Algorithmic Systems
  • California Privacy Law
  • California AB 1790
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GDPR

  • Scope
  • All natural persons in the EU
  • Legal location of the “controller” doesn’t matter
  • Physical location of the server doesn’t matter
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GDPR

  • Definition of “personal data”
  • Data “relating to” an identifiable natural person
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GDPR

  • Definition of “personal data”
  • Data “relating to” an identifiable natural person
  • Data “relates to” a person if “linked” to them by content, purpose or effect
  • ECJ in Nowak v. Data Protection Commissioner
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GDPR

  • Definition of “personal data”
  • Data “relating to” an identifiable natural person
  • Data “relates to” a person if “linked” to them by content, purpose or effect
  • ECJ in Nowak v. Data Protection Commissioner
  • Article 29 Working Party Opinion 4/2007 “On the concept of personal data”
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GDPR

  • Definition of “personal data”
  • Data “relating to” an identifiable natural person
  • Data “relates to” a person if “linked” to them by content, purpose or effect
  • ECJ in Nowak v. Data Protection Commissioner
  • Article 29 Working Party Opinion 4/2007 “On the concept of personal data”
  • Website of the UK data protection authority (“ICO”)
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GDPR

  • Definition of “personal data”
  • Data “relating to” an identifiable natural person
  • Data “relates to” a person if “linked” to them by content, purpose or effect
  • ECJ in Nowak v. Data Protection Commissioner
  • Article 29 Working Party Opinion 4/2007 “On the concept of personal data”
  • Website of the UK data protection authority (“ICO”)
  • Irish Data Protection Commissioner: only “content”!
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GDPR

  • Problem from a worker point of view:
  • Ratings of work are not personal data under a narrow “content only” interpretation
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GDPR

  • Problem from a worker point of view:
  • Ratings of work are not personal data under a narrow “content only” interpretation
  • Problem from the EU legislator point of view:
  • Data protection law is not being uniformly applied!
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GDPR

  • Problem from a worker point of view:
  • Ratings of work are not personal data under a narrow “content only” interpretation
  • Problem from the EU legislator point of view:
  • Data protection law is not being uniformly applied!
  • Solution:
  • European Data Protection Board should officially adopt Opinion 4/2007
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GDPR

  • Art. 40 “Codes of Conduct”
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Platform-to-Business Regulation

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Platform-to-Business Regulation

  • “Regulation 2019/1150 on promoting fairness and transparency for

business users of online intermediation services”

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Platform-to-Business Regulation

  • Scope
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Platform-to-Business Regulation

  • Scope
  • applies to “online intermediation services” provided to “business users” in the

EU that use the services to offer goods or services to “consumers” in the EU

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Platform-to-Business Regulation

  • Scope
  • applies to “online intermediation services” provided to “business users” in the

EU that use the services to offer goods or services to “consumers” in the EU

  • location of the provider of intermediation services does not matter
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Platform-to-Business Regulation — Definitions

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Platform-to-Business Regulation — Definitions

  • “business user”
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Platform-to-Business Regulation — Definitions

  • “business user”
  • any private individual acting in a commercial or professional capacity who, or

any legal person which, through online intermediation services offers goods

  • r services to consumers for purposes relating to its trade, business, craft or

profession

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Platform-to-Business Regulation — Definitions

  • “online intermediation services”
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Platform-to-Business Regulation — Definitions

  • “online intermediation services”
  • information society services that “allow business users to offer goods or

services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded”

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Platform-to-Business Regulation — Definitions

  • “consumer”
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Platform-to-Business Regulation — Definitions

  • “consumer”
  • any natural person who is acting for purposes outside their trade, business,

craft or profession

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Platform-to-Business Regulation — Rights

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Platform-to-Business Regulation — Rights

  • Article 3: Terms and Conditions
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Platform-to-Business Regulation — Rights

  • Article 3: Terms and Conditions
  • must be in “plain and intelligible language”
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Platform-to-Business Regulation — Rights

  • Article 3: Terms and Conditions
  • must be in “plain and intelligible language”
  • must “set out the grounds for decisions to suspend or terminate or impose

any other kind of restriction upon” the provision of the services

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Platform-to-Business Regulation — Rights

  • Article 4: Restriction, suspension and termination
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Platform-to-Business Regulation — Rights

  • Article 4: Restriction, suspension and termination
  • Written reasons are required
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Platform-to-Business Regulation — Rights

  • Article 4: Restriction, suspension and termination
  • Written reasons are required
  • At least 30 days in advance for termination
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Platform-to-Business Regulation — Rights

  • Article 4: Restriction, suspension and termination
  • Written reasons are required
  • At least 30 days in advance for termination
  • Business user must have a chance to “clarify the facts and circumstances”
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Platform-to-Business Regulation — Rights

  • Article 5: Ranking
  • Must be explained (to some extent)
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Platform-to-Business Regulation — Rights

  • Article 11: Internal complaint handling system
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Platform-to-Business Regulation — Rights

  • Article 12: Mediation (external, independent, impartial)
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Platform-to-Business Regulation — Rights

  • Article 18: Review (in 2021)
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Platform-to-Business Regulation — Rights

  • This could be a big help for platform workers
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Platform-to-Business Regulation — Rights

  • This could be a big help for platform workers
  • Current scope is too narrow
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Platform-to-Business Regulation — Rights

  • This could be a big help for platform workers
  • Current scope is too narrow
  • Solution:
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Platform-to-Business Regulation — Rights

  • This could be a big help for platform workers
  • Current scope is too narrow
  • Solution:
  • Expand scope beyond only information society services
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Platform-to-Business Regulation — Rights

  • This could be a big help for platform workers
  • Current scope is too narrow
  • Solution:
  • Expand scope beyond only information society services
  • It should not matter if the customer is a consumer or a business
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Platform-to-Business Regulation — Rights

  • This could be a big help for platform workers
  • Current scope is too narrow
  • Solution:
  • Expand scope beyond only information society services
  • It should not matter if the customer is a consumer or a business
  • The Regulation should apply even if transactions are not directly between

business users and customers (e.g., the platform may mediate)

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Platform-to-Business Regulation — Rights

  • This could be a big help for platform workers
  • Current scope is too narrow
  • Solution:
  • Expand scope beyond only information society services
  • It should not matter if the customer is a consumer or a business
  • The Regulation should apply even if transactions are not directly between

business users and customers (e.g., the platform may mediate)

  • Article 17: Codes of Conduct
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Platform Work Directive

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Platform Work Directive

  • Definition of “labor platform”
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
  • Right of workers to collectively bargain, at least about design
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
  • Right of workers to collectively bargain, at least about design
  • Digital right of access for unions
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
  • Right of workers to collectively bargain, at least about design
  • Digital right of access for unions
  • Procedural rights
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
  • Right of workers to collectively bargain, at least about design
  • Digital right of access for unions
  • Procedural rights
  • No nonpayment, suspension, restriction or termination without a reason
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
  • Right of workers to collectively bargain, at least about design
  • Digital right of access for unions
  • Procedural rights
  • No nonpayment, suspension, restriction or termination without a reason
  • Right to appeal “adverse decisions”
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
  • Right of workers to collectively bargain, at least about design
  • Digital right of access for unions
  • Procedural rights
  • No nonpayment, suspension, restriction or termination without a reason
  • Right to appeal “adverse decisions”
  • Right to external mediation
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
  • Right of workers to collectively bargain, at least about design
  • Digital right of access for unions
  • Procedural rights
  • No nonpayment, suspension, restriction or termination without a reason
  • Right to appeal “adverse decisions”
  • Right to external mediation
  • Right to judicial remedy (no forced arbitration)
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Platform Work Directive

  • Definition of “labor platform”
  • Data reporting requirements
  • Right of workers to collectively bargain, at least about design
  • Digital right of access for unions
  • Procedural rights
  • No nonpayment, suspension, restriction or termination without a reason
  • Right to appeal “adverse decisions”
  • Right to external mediation
  • Right to judicial remedy (no forced arbitration)
  • Fair, accurate, transparent, “fit for purpose” evaluation systems
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An Algorithmic Systems Regulation?

  • Report of the German “Data Ethics Commission”
  • https://datenethikkommission.de/gutachten/
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California Consumer Privacy Act

  • Enters into force January 1, 2020
  • Not as strong as GDPR
  • But definition of “personal information” includes “professional or

employment-related information”

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California AB 1790 “Marketplace sellers”

  • Enters into force January 1, 2020
  • Some vaguely worded parts
  • California version of the Platform-to-Business Regulation
  • Imposes requirements on terms and conditions and dispute resolution