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Full text of the law
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
Personal scope of the instrument
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