Platform Work Act and the protection of personal data
The Platform Work Act sets additional requirements for the protection of the personal data of platform workers. The law builds on the General Data Protection Regulation (GDPR), the European privacy law that has been in force since May 25, 2018.
What requirements does the Platform Work bill impose on the protection of personal data?
The new rules apply from recruitment and apply to everyone who performs platform work, so to both employees and real self-employed persons.
The Platform Work Act introduces a "Consent Ban"
Under the GDPR, data may be processed if someone gives "consent" to this. The Platform Work Act now states that consent is no longer a valid legal basis. Platforms must rely on strict necessity for the execution of the agreement. The reason is that a platform worker is often economically dependent on the platform; Consent can therefore never really be given "voluntarily".
The Platform Work Act introduces a ban on the processing of certain personal data
The Platform Work Act states that certain personal data may not be processed under any circumstances. For example, it is prohibited to: Analyze productivity through, for example, facial recognition, voice analysis or typing speed. Analyze messages that platform workers send to each other via chat functions, forums or with trade union representatives. The Platform Work Act introduces an information obligation. (transparency)
Platform workers are given the right to know what data the algorithm uses to assign work, calculate rates or assess performance. This must be explained in understandable and clear language.
The Platform Work Act introduces a data portability obligation
I Platform workers are given the right to take all work-related data they have generated on the platform (such as their reputation score, historical ratings and performance data) to another platform. You could say that the new law introduces the concept of a "personal vault".
What are the consequences for violation?
If a digital work platform does not comply with these requirements, the consequences can be drastic:
The fines can reach the maximum GDPR standards: € 20,000,000, -- or 4% of the global annual turnover of the platform company (whichever is higher). The supervisors in the Netherlands are the Dutch Data Protection Authority (AP) and the Dutch Labor Inspectorate;
The law states that even if a platform violates the rules regarding data protection, this can be used by the supervisor as direct evidence of 'management and supervision'. Or the (pseudo) freelancer is immediately classified as an employee/temporary worker, resulting in additional wage and pension taxes;
Platform workers can claim immaterial damages through the courts, for example due to “illegal surveillance”;
The Dutch Data Protection Authority (AP) has the authority to immediately terminate the software. block until the data protection complies with the law.
Disclaimer: The information contained in this article is for informational purposes only and reflects the personal opinion of the author. This is not legal advice. If you have a specific legal problem, always consult a qualified lawyer or attorney.
Disclaimer
The information provided in this article is for general informational and educational purposes only and does not constitute legal, tax, or employment advice. Labor and classification regulations (such as the Dutch Wet DBA and EU directives) are highly complex, fact-specific, and subject to frequent changes and changing administrative policies. Reading this content does not create an attorney-client or advisory relationship with Zooly. Before making any decisions regarding contractor engagement, compliance frameworks, or classification policies, you should always consult a qualified local employment lawyer or tax professional. Zooly accepts no liability for any actions taken or decisions made based on the information provided on our website.
Editorial Note & AI Disclosure
In compliance with Article 50 of the EU AI Act, we disclose that artificial intelligence (AI) tools were utilized to assist in compiling, legal screening, and drafting this content. However, to ensure absolute legal precision and contextual accuracy regarding compliance topics, the final text has undergone full human editorial review and rigorous manual verification by the Zooly compliance team before publication.
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Interested parties can respond to the Platform Work bill until August 24 via the government's internet consultation page.
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