The digital economy is reshaping the European labour market.

An increasing number of activities are now organised through online platforms that connect customers, businesses, and workers, creating new opportunities while also raising new legal challenges.

In recent years, a key issue has emerged: many workers who are formally classified as self-employed perform their activities under rules, instructions, and monitoring systems established by digital platforms. In such cases, the distinction between self-employment and employment becomes increasingly blurred.

To address these developments, the European Union has adopted Directive (EU) 2024/2831 on platform work, which Member States must transpose into national law by December 2026. The Directive’s most significant innovation is the introduction of a presumption of employment where a platform exercises significant control over a worker’s activities.

Another fundamental aspect concerns algorithmic transparency. Platforms will be required to inform workers about the automated systems used to organise work, assign tasks, assess performance, and make decisions that may affect access to the platform or the continuity of work opportunities.

Furthermore, the European legislator has established that the most significant decisions cannot be entrusted exclusively to algorithms, guaranteeing workers the right to human oversight and review of automated decisions.

Italy already has specific legislation governing platform work through the provisions contained in Legislative Decree No. 81/2015. However, the implementation of the Directive will require further adjustments to ensure full alignment of the national legal framework with the new European rules.

For businesses, it will be essential to review organisational models and the use of digital management tools. For workers, the new rules represent a significant strengthening of legal protections.

The challenge in the coming years will be to reconcile technological innovation with fundamental rights, fostering a digital labour market that is more transparent, balanced, and sustainable.

The Law Firm remains available should you require any further information or clarification.