AI in the Workplace and Digital Platforms: Opportunities, Risks and Legal Challenges

download PDF


Contents: 1. Introduction. 2.The need for comprehensive international regulation is growing by the day, but progress is slow and the prospects are bleak. 3. “Overregulation” should always be avoided, but the necessary protection of employees is not up for discussion. 4. AI Act: The law must now be brought to life. 5. AI is a factor in the qualification of contracts as an employment relationship. 6. Algorithmic management must be legally contained; there is also a blueprint for this. 7. Discrimination law may need to be reconstructed. 8. Data protection and AI: There is still a lot to do. 9. Workers’ participation must be strengthened (also in the interest of employers). 10. Never underestimate the value of social dialogue and collective bargaining. 11. In the end, it’s about people.

1. Introduction
AI is becoming more and more widespread in the workplace. Legislators, especially the European legislator, have reacted. Now it is time to apply these rules. In the following, I would like to provide some food for thought in the form of 10 theses, first discussing some more general issues before focussing on some specific questions of workers protection.