A question to… Lidia Gil Otero

A question for…
Lidia Gil Otero, PhD Assistant Professor in Labour and Social Security Law at Santiago de Compostela University

In the context of the Digilare project (*), you advocate using the transposition of the Platform Work Directive, which is due to be completed by the end of 2026, as an opportunity to extend some of the rights granted to platform workers, to all workers. Is that a realistic proposition?

It is of course a political decision, which would involve transposing an EU directive beyond the scope of its minimum requirements, but in our view, it’s important to use the opportunity provided by this transposition to ensure a harmonisation of workers’ rights.
We’ve seen that there are differences in understanding, from one country to another, of the information and consultation provisions in the EU’s AI Regulation. We also deplore the existence of dual standards when it comes to the level of protection offered to digital platform workers, who will benefit from robust protection once the directive is transposed, and to other types of workers who are also subject to algorithmic management.
The latter will benefit solely from the right to information provided for by the AI Regulation, and only at the time an AI tool is introduced – not during the course of its development or with regard to future impacts on working conditions. So we believe that the rights established by the digital platform workers directive should be transferred to “algorithmic workers”, i.e. those affected by algorithmic management and artificial intelligence tools.
Moreover, the European framework directive on informing and consulting employees should also be amended, to include not only consultation at the time AI is introduced into a company, but also during the course of its development, so as to monitor AI’s various impacts on employment and working conditions. We think it would be really opportune to avoid establishing different levels of protection for platform workers and non-platform workers, by opting for an ambitious transposition of the directive, including by standardising the right to recourse to an AI expert as part of the consultation process.

(*) See Digilare project website.

(Article published in IR Notes 271 - 8 April 2026)

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