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S.L. 452.127 · Digital Platform Delivery (Conditions Of (S.L. 452.127)

S.L. 452.127 чл. 17Transparency in the automated monitoring and decision-making systems and their use. S.L. 452.126.

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(1) Without prejudice to the rights and obligations of the employers and platform workers under the Transparent and

Predictable Working Conditions Regulations, those employers to whom this order is applicable shall inform platform workers of the following:

(a) automated monitoring systems which are used to monitor, supervise or evaluate the work performance of platform workers through electronic means; and

(b) automated decision-making systems which are used to take or support decisions that significantly affect the platform workers’ working conditions, in particular their access to work assignments, their earnings, their occupational safety and health, their working time, their promotion and the status relating to their employment, including the restriction, suspension or termination of their digital account.

(2) The information referred to in sub-article (1) shall concern:

(a) as regards automated monitoring systems:

(i) the fact that such systems are in use or are in the process of being introduced;

(ii) the categories of actions monitored, supervised or evaluated by such systems, including evaluation by the recipient of the service;

(b) as regards automated decision-making systems:

(i) the fact that such systems are in use or are in the process of being introduced;

(ii) the categories of decisions that are taken or supported by such systems;

(iii) the main parameters that such systems take into account and the relative importance of those main parameters in the automated decision-making, including the way in which the platform worker’s personal data or behaviour influence the decisions; and

(iv) the grounds for decisions to restrict, suspend or terminate the platform worker’s account or any decision with similar effects.

(3) Employers shall provide the information referred to in sub-article (2) in the form of a document which may be in electronic format, at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

(4) Employers shall make the information referred to in sub-article (2) available to platform workers’ official representatives and the Director General responsible for Employment and Industrial Relations upon their respective request.

(5) Employers shall not process any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of their work. In particular, they shall not:

(a) process any personal data on the emotional or psychological state of the platform worker;

(b) process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), in points (b) to (j) of the General Data Protection Regulation;

(c) process any personal data in relation to private conversations, including exchanges with platform workers’ official representatives;

(d) collect any personal data while the platform worker is not offering or performing platform work.