The EU Regulatory Model for the Business Decision-Making Process in a Digitalized World of Work

Over the past thirty years, the European Union (EU) has been concerned for the business decisionmaking process in a world of work progressively but inexorably impacted by digitalization to be understood as a combination of ‘automation’, ‘robotization’, ‘platformization’ and ‘remotization’, based on digital technologies, Artificial Intelligence (AI) included. That concern extends to all aspects of autonomization or alienation of the business decision-making process from the ‘human employer’ which may result in a dehumanization of the exercise of managerial prerogatives and the navigation of work relationships. The European Institutions have reacted vigorously to this perceived trend. This has led to the adoption of a set of legal instruments which make up what we may refer to as the EU Regulatory Model for the business decision-making process in a digitalized world of work (EU Regulatory Model). Aim of this essay is to consider some of the strengths and weaknesses of this EU Regulatory Model, suggesting that much of the criticism directed towards a perceived minimal concern for workers’ rights protection against digitalization is unjustified if scrutinized against the background of that Model. Rather, it is suggested, what needs to be highlighted is the extent of unjustified differences in treatment between ‘platform workers’ and those workers in the rest of the world of work who are also subject to algorithmic management, coupled with an arguably outdated approach to non-employee protection, particularly in relation to health and safety protection and to the role of collective representation.