Working Via Digital Platforms: New Obligations for Entrepreneurs
The government has prepared a draft law implementing the EU directive on platform work. Find out what obligations entrepreneurs, digital platforms, and entities collaborating with contractors may face.
Platform work under the legislator’s microscope
The dynamic development of the digital economy has made online platforms a key element of the job market. Companies offering transportation, courier, delivery, and online services have for years been using a cooperation model most often based on civil law contracts or self-employment.
However, this model is raising increasing concerns, both in Poland and across the European Union. The biggest challenge remains determining the proper status of those performing the work. In practice, some platform collaborators perform their duties in a manner typical of an employment relationship, even though they formally run a business or carry out assignments as independent contractors.
The European Parliament and Council Directive (EU) 2024/2831 on the improvement of platform work is a response to these challenges. Poland has begun the implementation process and has drafted a bill on performing work via digital employment platforms (UC160), published by the Government Legislation Centre. Member states are required to implement the Directive by 2 December 2026.
What is working via digital platforms?
Following the Directive, the draft law defines a digital work platform as a natural or legal person who provides a service that meets the following conditions:
a) is made available at least partially remotely by electronic means,
b) is provided at the request of the service recipient,
c) its essential and important element is the organization of work performed by natural persons for remuneration, regardless of whether this work is performed via the Internet or in a specific location,
(d) involves the use of automated monitoring systems or automated decision-making systems.
The most famous examples include platforms:
transport,
courier,
delivery vans,
enabling the execution of orders online.
The scope of the act is not limited to the transportation industry. The regulations can be applied anywhere a platform organizes work using algorithms.
Why did the European Union decide on new regulations?
According to the European Commission, the dynamic development of digital platforms has brought many economic benefits but has also revealed a number of issues related to the protection of those working on such platforms. The most frequently cited challenges include incorrect classification of employment status, a lack of transparency in algorithms, automated decision-making affecting work performance , and limited access to information regarding job assignment rules.
The draft law aims to reduce these risks by increasing transparency and making it easier to determine whether a given person is actually running an independent business activity or whether they work under conditions corresponding to an employment relationship.
One of the most important changes – the presumption of the existence of an employment relationship
The introduction of a presumption of the existence of an employment relationship is of greatest interest to businesses. The draft law provides solutions to facilitate the determination of the correct status of a person performing work via a platform. If the manner of organizing cooperation indicates subordination typical of an employment relationship, the competent authorities will be able to determine that a given person providing services via a platform should be treated as an employee within the meaning of the Labour Code.
This does not automatically transform every B2B collaboration or civil law contract into an employment contract. The actual circumstances of the work being performed will be assessed, not just the name of the contract, which is intended to counteract the phenomenon of bogus self-employment. For entrepreneurs, this means a need to reassess their models of cooperation with service providers.
More control over algorithms
One of the most innovative elements of the draft law is the provisions on algorithmic governance. In practice, many platforms use algorithms to:
assigning orders,
setting priorities,
assessment of work quality,
calculating remuneration,
restricting access to applications,
blocking user accounts.
The project assumes that people performing work should know how such decisions are made. Platforms will be required to provide greater transparency into the operation of automated decision-making systems and to ensure appropriate human oversight of decisions that have significant consequences for workers.
Automatic decisions will not be allowed to remain unchecked
The new regulations also provide increased protection for workers against the consequences of decisions made by algorithms. In practice, this may apply to situations where:
the artist’s account will be suspended,
access to orders will be limited,
there will be a reduction in remuneration resulting from the operation of the system,
the platform will terminate cooperation solely on the basis of automatic data analysis.
The project envisages the possibility of challenging such decisions and human involvement in the verification process. These solutions are consistent with a broader regulatory trend regarding the use of artificial intelligence and personal data protection.
New information obligations
The bill expands the disclosure obligations of digital platforms. Individuals performing work will have access to information regarding, among other things:
principles of cooperation,
how algorithms work,
criteria for assessing the work performed,
parameters influencing the allocation of orders,
principles of automatic decision-making.
Transparency is to become one of the basic obligations of entrepreneurs running digital platforms.
The National Labour Inspectorate (PIP) will gain new competences
The bill also provides for changes to the Act on the National Labour Inspectorate.
Their goal is to enable effective monitoring of compliance with the new regulations, including verification of the correct employment status of individuals performing work via platforms and compliance with the platforms’ disclosure obligations. In connection with the implementation of the Directive, the draft law also proposes appropriate amendments to the Code of Civil Procedure.
The entry into force of the act will require entrepreneurs to prepare appropriate documentation and revise their cooperation rules.
Who will the new regulations apply to?
Although transport and delivery platforms are most often discussed in public debate, the project is intended to have a much broader scope. Potentially, the new regulations could also apply to businesses operating platforms that enable:
provision of IT services,
marketing services,
translations,
private lessons,
design services,
home services,
childcare,
care for the elderly.
Any business model that uses algorithms to organize work should be analysed in light of new responsibilities.
What can entrepreneurs do today? Checklist
Although the bill is currently in the legislative process, it is worth starting preparations for the new obligations well in advance. Recommended actions include:
1. Audit of cooperation models – it should be verified whether the manner in which the services are performed by contractors does not indicate a relationship having the characteristics of an employment relationship.
2. Analysis of algorithmic systems – it is worth determining what decisions are made automatically and whether it is possible to explain and control them.
3. Documentation review – regulations, agreements and cooperation policies may require adaptation to new information obligations.
4. Assessment of legal risks – new regulations may increase the risk of disputes regarding employment status or may result in criminal liability for violating the Act.
5. Preparing the organization – changes will require cooperation between HR, legal, compliance, IT and personal data protection departments.
Will the new regulations only cover digital platforms?
Not every entity using a mobile app will be covered by the new regulations. It will be crucial to determine whether the business actually organizes work through a digital platform and whether it utilizes automated systems to manage contractors. Therefore, each organization should individually analyse its business model to ensure it is subject to the principles set forth in the Directive and the obligations arising from the Act.
Summary
The regulations contained in the draft law on performing work via digital employment platforms are one of the most important elements introduced in recent years in labour law. It is not limited solely to employment issues, but also covers the transparency of algorithms, personal data protection, oversight of automated decision-making, and increased powers of regulatory bodies.
Although the provisions of the Act have not yet entered into force, businesses should not postpone preparations until the last minute. Implementing the new obligations may require changes not only in documentation but also in the way collaboration is organized, the architecture of IT systems, and compliance processes.
Early audit of cooperation models, analysis of risks related to employment qualifications and adaptation of procedures for algorithmic management will help reduce legal and organizational risks after the new regulations come into force.
