MEPs demand new measures to protect against algorithmic management at work

Recruitment should not be based on decisions taken solely by an algorithm

Workers should have the right to information on what type of data is collected

Call for a ban on processing data relating to the emotional status, private conversations, and off-duty data of employees

On Wednesday, Parliament called on the European Commission to propose rules on the use of algorithmic management in the European workplace.

In a legislative initiative report, adopted by 451 votes in favour and 45 votes against, with 153 abstentions, MEPs present a series of recommendations for a new EU proposal to ensure the transparent, fair, and safe use of automated monitoring and decision-making systems in the workplace. While stressing that the use of algorithmic management (AM) systems can provide opportunities for work optimisation, MEPs want to ensure human oversight, the protection of workers’ fundamental rights, and the protection of their personal data at the workplace.

Humans in control

There must be human oversight of all decisions taken or supported by AM systems under the new proposal MEPs are asking for. Workers should have the right to request explanations on decisions taken or supported by algorithmic management. If a worker perceives their rights to have been infringed by the AM decision, they should have the right to ask for a review and the AM system in question could be modified or discontinued.

MEPs want decisions on the initiation or termination of employment, the renewal or non-renewal of a contract, changes in remuneration, or disciplinary action to always be taken by a human and to be subject to human review.

Transparency and right to information

Workers should be informed, MEPs recommend, about how these systems impact working conditions, when they are used to take automated decisions, what type of data they collect or process, and how human oversight is ensured. Workers should be consulted when AM systems are used to take decisions affecting remuneration, evaluation, task allocation or working time, MEPs add, and the use of AM must respect wellbeing and not put their safety or physical or mental health at risk.

Protection of workers’ data

To protect workers’ privacy and data, the rules proposed by MEPs would prohibit the processing of data relating to the emotional, psychological or neurological states of employees, their private communications, geolocation outside working hours, the use of their data while off-duty, and the use of data relating to freedom of association and collective bargaining.

Quote

Rapporteur Andrzej Buła (EPP, PL) said: "This topic affects both employers and 200 million workers in the EU. A human-centered approach is key, and the rights, safety, and dignity of employers and employees must be strictly respected. This sends a strong signal: Europe can combine competitiveness with social responsibility. It can support innovative enterprises without sacrificing high standards and employee protection."

Next steps

Following the adoption of the legislative initiative report, the European Commission now has three months to reply to Parliament’s request for a proposal, by either informing Parliament on the steps it plans to take or by giving reasons for refusal to propose an initiative along the lines of Parliament’s request.

Background

There is already legislation on artificial intelligence and data protection at EU level, including the AI Act and the General Data Protection Regulation. Rules focusing more specifically on the use of artificial intelligence at work are laid down in the Platform Work Directive.