PLATFORM-WORK, Artikkel 10, SE

1. Member States shall ensure that digital labour platforms oversee and, with the involvement of workers’ representatives, regularly and in any event every two years, carry out an evaluation of the impact of individual decisions taken or supported by automated monitoring systems and automated decision-making systems on persons performing platform work, including, where applicable, on their working conditions and equal treatment at work.

2. Member States shall require digital labour platforms to ensure sufficient human resources for the effective oversight and evaluation of the impact of individual decisions taken or supported by automated monitoring systems or automated decision-making systems. The persons charged by the digital labour platform with the function of oversight and evaluation shall have the competence, training and authority necessary to exercise that function, including for overriding automated decisions. Those persons shall enjoy protection from dismissal or its equivalent, disciplinary measures and other adverse treatment where they exercise their functions.

3. Where the oversight or the evaluation referred to in paragraph 1 identifies a high risk of discrimination at work in the use of automated monitoring systems or automated decision-making systems or finds that individual decisions taken or supported by automated monitoring systems or automated decision-making systems have infringed the rights of a person performing platform work, the digital labour platform shall take the steps necessary, including, if appropriate, the modification of the automated monitoring system or the automated decision-making system or the discontinuation of its use, in order to avoid such decisions in the future.

4. Information on the evaluation pursuant to paragraph 1 shall be transmitted to platform workers’ representatives. Digital labour platforms shall also make that information available to persons performing platform work and the national competent authorities upon their request.

5. Any decision to restrict, suspend or terminate the contractual relationship or the account of a person performing platform work or any other decision of equivalent detriment shall be taken by a human being.

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