Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Right to redress
Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, have access to timely, effective and impartial dispute resolution and a right to redress, including adequate compensation for the damage sustained, in the case of infringements of their rights arising from this Directive.
Procedures on behalf or in support of persons performing platform work
Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that representatives of persons performing platform work and legal entities which have, in accordance with national law or practice, a legitimate interest in defending the rights of persons performing platform work are able to engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. Member States shall ensure that such representatives and legal entities are able to act on behalf or in support of one or several persons performing platform work in the case of the infringement of any right or obligation arising from this Directive, in accordance with national law and practice.
Communication channels for persons performing platform work
Member States shall take the measures necessary to ensure that digital labour platforms provide persons performing platform work, by means of the digital labour platforms’ digital infrastructure or by similarly effective means, with the possibility to contact and communicate privately and securely with each other, and to contact or be contacted by representatives of persons performing platform work, while complying with Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications.
Access to evidence
1. Member States shall ensure that, in proceedings concerning the provisions of this Directive, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in its control. 2. Member States shall ensure that national courts have the power to order the disclosure of evidence containing confidential information where they consider it relevant to the proceedings. They shall ensure that, when ordering the disclosure of such information, national courts have at their disposal effective measures to protect such information.
Protection against adverse treatment or consequences
Member States shall introduce the measures necessary to protect persons performing platform work, including those who are their representatives, from any adverse treatment by the digital labour platform and from any adverse consequences resulting from a complaint lodged with the digital labour platform or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.
Protection from dismissal
1. Member States shall take the measures necessary to prohibit the dismissal or termination of the contract of persons performing platform work, or equivalent action, and all preparations therefor, on the grounds that they have exercised the rights provided for in this Directive. 2. Persons performing platform work who consider that they have been dismissed, that their contract has been terminated or that they have been subject to any actions with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, may request the digital labour platform to provide duly substantiated grounds for the dismissal, the termination of the contract or any equivalent action. The digital labour platform shall provide those grounds in writing without undue delay. 3. Member States shall take the measures necessary to ensure that, when the persons performing platform work referred to in paragraph 2 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal, termination of contract or equivalent action, it shall be for the digital labour platform to prove that the dismissal, termination of contract or equivalent action was based on grounds other than those referred to in paragraph 1. 4. Member States shall not be required to apply paragraph 3 to proceedings in which it is for the court or other competent authority or body to investigate the facts of the case. 5. Paragraph 3 shall not apply to criminal proceedings, unless otherwise provided by the Member State.
Supervision and penalties
1. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring and enforcing the application of Articles 7 to 11 of this Directive as far as data-protection matters are concerned, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679. The upper limit for administrative fines referred to in Article 83(5) of that Regulation shall be applicable to infringements of Articles 7 to 11 of this Directive. 2. The authorities referred to in paragraph 1 and other national competent authorities shall, where relevant, cooperate in the enforcement of this Directive within the remit of their respective competences, in particular where questions on the impact of automated monitoring systems or automated decision-making systems on persons performing platform work arise. For that purpose, those authorities shall exchange relevant information with each other, including information obtained in the context of inspections or investigations, either upon request or at their own initiative. 3. National competent authorities shall cooperate through exchange of relevant information and best practices on the implementation of the legal presumption, with the support of the Commission. 4. Where persons performing platform work perform platform work in a Member State other than that in which the digital labour platform is established, the competent authorities of those Member States shall exchange information for the purpose of enforcing this Directive. 5. Without prejudice to the application of Regulation (EU) 2016/679 as referred to in paragraph 1, Member States shall lay down the rules on penalties, applicable to infringements of national provisions adopted pursuant to provisions of this Directive or of the relevant provisions already in force concerning the rights which are within the scope of this Directive. The penalties shall be effective, dissuasive and proportionate to the nature, gravity and duration of the undertaking’s infringement and to the number of workers affected. 6. In the case of infringements related to digital labour platforms’ refusal to comply with a legal ruling determining the correct employment status of persons performing platform work, Member States shall provide for penalties, which may include financial penalties.
Articles on this page are reproduced verbatim from official open data. See the attribution line.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.