Addressing algorithmic discrimination through OECD national contact points – the changing landscape for tech companies?

The paper promotes the OECD-based National Contact Points (NCPs) as a unique landscape to address algorithmic discrimination caused by tech companies. It argues that, by exposing individuals of specific characteristics to differential treatment, tech companies impact the individual’s ability to enjoy human rights online on an equal basis. Due to the stringent standing and required links between the company’s conduct and the experienced discrimination, domestic laws expose the affected individuals to significant procedural obstacles to litigating against tech companies. With more lenient and consensual standards for attributing business responsibility, NCPs can mitigate these procedural asymmetries between affected individuals and tech companies. However, the non-binding nature of final statements and varying standing requirements among NCPs hinder this change, resulting in differentiated outcomes for individuals depending on the seat of an NCP.