In recent years, social law across the EU has been shaken by the digital transformation experienced in the world of work. On one hand, new forms of work enabled by this digital transformation, such as platform work, often result in fragmented, precarious and uncertain social protection for the persons who perform work through them. On the other, having access to the data produced by the digitalisation of work (an important feature of platform work) is often key to greatly improving the implementation of social protection systems (including the determination of the correct employment status and social security contributions). The digital transformation of work has also significantly impacted the implementation of EU law. Forms of work enabled by it, such as telework and platform work, typically permit much greater geographical mobility than normal. This may challenge the application of the relatively strict EU rules for the coordination of social security (resulting in, inter alia, sudden changes in the legislation applicable that may be against the interests of all actors involved). In turn, the data resulting from digitalisation may help to address this further uncertainty, as well as to ensure greater transparency. Platform work is thus a perfect example of how regulation at the national and EU levels may need to adapt to the impact of digitalisation in the world of work. Hence, it may not be surprising that EU institutions have started suggesting the regulation of platform work as an opportunity to try possible reactions to the digitalisation of work. One of the results of these efforts is the legislative process surrounding a proposal for a Directive on improving working conditions in platform work. The proposed Directive, if approved, would be the first EU initiative specifically addressing some of the challenges brought by digitalisation in platform work (following in the footsteps of previous, more general, EU initiatives such as the GDPR or the proposed AI Act).
This contribution uses the proposal for a Directive on improving working conditions in platform work (as well as the amendments and positions that it has gathered through its legislative process up to 12 June 20232) to analyse some of the abovementioned challenges and opportunities brought by the digitalisation of work to the world of social protection, as perceived by EU institutions and other relevant actors. The contribution then explores the potential practical and legal limitations of addressing these challenges through EU social law. The contribution ends by suggesting potential solutions to overcome these limitations, including the promotion of a more comprehensive approach to social protection under EU law.