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 Database index

Legislation

Spain, Ley del Estatuto de los Trabajadores

Full reference
Ley 12/2021, de 28 de septiembre, (amending Real Decreto Legislativo 2/2015) para garantizar los derechos laborales de las personas dedicadas al reparto en el ámbito de plataformas digitales
Legislator/regulator
Spanish Parliament
Institutional level
National level
Number
2/2015
Date
Type of Source
National legislation
Source national detail
Primary legislation
Stage of drafting
Approved
Territorial scope
National
Project area
Cross sector, general scope
Law area
Privacy / data protection
Fundamental rights protection

Summary of the law

Article 64.4.d) of the Spanish Workers’ Statute, was introduced by the Act 12/2021, of 28 September, to guarantee the labour rights of delivery workers in the field of digital platforms. The aim of Act 12/2021 is to clarify the right to information of the works council in the digitalized work environment, as well as the regulation of the employment relationship in the area of delivery platforms.

Article 64 of the Spanish Workers’ Statute relates to the rights of information and consultation of the legal representation of workers.  Act 12/2021 added a new paragraph d) to section 4, which recognizes the right of the works council to be informed, by the company of the parameters, rules and instructions on which the algorithms or artificial intelligence systems are based that affect decision-making that may have an impact on working conditions, access to and maintenance of employment, including profiling.

Specific provision(s) regarding AI and data protection
Article 64.4 d) of the Spanish Workers’ Statute: “The works council shall have the right to be informed by the company of the parameters, rules and instructions on which algorithms or artificial intelligence systems are based that affect decision-making that may have an impact on working conditions, access to and maintenance of employment, including profiling”.
Personal scope of the instrument
Labour relations: companies and works council
Material scope of the instrument

Article 64.4.d of the Spanish Workers’ Statute relates to the rights of information and consultation of the legal representation of workers. Specifically, the article applies when algorithms or artificial intelligence systems are used by the company and affect decision-making that may have an impact on working conditions, access to and maintenance of employment, including profiling.

AI system(s) involved
  • General purpose AI
Initiative
  • Spanish Government
Fundamental rights involved
  • Freedom of information
  • Political rights
  • Right to data protection
  • Right to privacy
  • Right to non-discrimination
Principles expressly applied
  • Accountability
  • Equality
  • Explainability
  • Non-discrimination
  • Transparency
Enforcement
Injunctions

Case author
Rosa Milà Rafel
Ramón y Cajal Researcher
Universitat Pompeu Fabra