Platform work (the gig economy) has generated numerous legal disputes in the EU concerning the legal status of persons performing work through digital platforms and the manner in which algorithms manage their activities. In recent years, the Court of Justice of the European Union (CJEU) has delivered key judgments shaping the provisions of Directive (EU) 2024/2831 of 23 October 2024 on improving working conditions in platform work and strengthening the oversight of algorithmic management. Regulation, especially concerning this latter aspect, required cross-border attention, as managerial decisions previously taken by human supervisors have been replaced by algorithms, resulting in increased work pressure and deterioration of working conditions. The present study analyses those judgments of the Court of Justice of the European Union relevant to determining the employment status of platform workers, as well as to algorithmic transparency and oversight. The article also examines judicial rulings and administrative decisions, primarily from Spain and Italy, which have significantly shaped the European regulatory approach to platform work. The analysis addresses the legal bases, conclusions from jurisprudence, and implications for implementing Directive 2024/2831.
Monika Tomaszewska‐Kiecana (Mon,) studied this question.
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