§ 6 — Meaning of management control in respect of provision of platform service

6.—(1) For the purposes of this Act, a person (A) exercises management control in respect of the provision of a platform service by an individual (B) for A if all of the following are satisfied:(a)

A uses, for any specified purpose, data relating to —(i)

service users and persons who intend to use that platform service; and

(ii)

individuals (other than employees of A) who perform or intend to perform tasks in relation to the provision of that platform service for A;

(b)

A’s use of the data mentioned in paragraph (a) for the specified purpose does not involve human intervention on a regular or routine basis;

(c)

subject to subsection (3), A imposes on B, in relation to B’s provision of the platform service for A, any requirement, prohibition or restriction specified in the Second Schedule.

(2) In subsection (1), “specified purpose” means all or any of the following:(a)

determining whether B is eligible to provide the platform service for A;

(b)

allocating one or more tasks to B to perform, or determining the task or tasks that B may choose to perform, in relation to B’s provision of the platform service for A;

(c)

determining the payment payable to B, or the benefit in kind to which B is entitled, in relation to the task or tasks B performed in relation to B’s provision of the platform service for A;

(d)

any other prescribed purpose.

(3) Subsection (1)(c) does not include any requirement, prohibition or restriction imposed by A on B under or in accordance or in compliance with any written law.

(4) Without affecting subsection (1), A is presumed, unless proven otherwise, to exercise management control in respect of B’s provision of a platform service for A if —(a)

B provides the platform service for A under a platform work agreement between A and B; and

(b)

A requires B to access the tasks to be performed by B in relation to B’s provision of the platform service for A by —(i)

using an app provided or specified by A; or

(ii)

accessing a website specified or designated by A.

(5) In this section —“app” includes a computer program;

“data” includes individually‑identifiable information and anonymised or aggregated information;

“use” of any data includes the organisation, adaptation, alteration or combination of that data.

—(1) For the purposes of this Act, a person (A) exercises management control in respect of the provision of a platform service by an individual (B) for A if all of the following are satisfied:(a)

A uses, for any specified purpose, data relating to —(i)

service users and persons who intend to use that platform service; and

(ii)

individuals (other than employees of A) who perform or intend to perform tasks in relation to the provision of that platform service for A;

(b)

A’s use of the data mentioned in paragraph (a) for the specified purpose does not involve human intervention on a regular or routine basis;

(c)

subject to subsection (3), A imposes on B, in relation to B’s provision of the platform service for A, any requirement, prohibition or restriction specified in the Second Schedule.

(2) In subsection (1), “specified purpose” means all or any of the following:(a)

determining whether B is eligible to provide the platform service for A;

(b)

allocating one or more tasks to B to perform, or determining the task or tasks that B may choose to perform, in relation to B’s provision of the platform service for A;

(c)

determining the payment payable to B, or the benefit in kind to which B is entitled, in relation to the task or tasks B performed in relation to B’s provision of the platform service for A;

(d)

any other prescribed purpose.

(3) Subsection (1)(c) does not include any requirement, prohibition or restriction imposed by A on B under or in accordance or in compliance with any written law.

(4) Without affecting subsection (1), A is presumed, unless proven otherwise, to exercise management control in respect of B’s provision of a platform service for A if —(a)

B provides the platform service for A under a platform work agreement between A and B; and

(b)

A requires B to access the tasks to be performed by B in relation to B’s provision of the platform service for A by —(i)

using an app provided or specified by A; or

(ii)

accessing a website specified or designated by A.

(5) In this section —“app” includes a computer program;

“data” includes individually‑identifiable information and anonymised or aggregated information;

“use” of any data includes the organisation, adaptation, alteration or combination of that data.