1. For the purposes of this Directive, the following definitions apply:
(a)
‘digital labour platform’ means a natural or legal person providing a service which meets all of the following requirements:
(i)
it is provided, at least in part, at a distance by electronic means, such as by means of a website or a mobile application;
(ii)
it is provided at the request of a recipient of the service;
(iii)
it involves, as a necessary and essential component, the organisation of work performed by individuals in return for payment, irrespective of whether that work is performed online or in a certain location;
(iv)
it involves the use of automated monitoring systems or automated decision-making systems;
(b)
‘platform work’ means work organised through a digital labour platform and performed in the Union by an individual on the basis of a contractual relationship between the digital labour platform or an intermediary, and the individual, irrespective of whether there is a contractual relationship between the individual or an intermediary and the recipient of the service;
(c)
‘person performing platform work’ means an individual performing platform work, irrespective of the nature of the contractual relationship or the designation of that relationship by the parties involved;
(d)
‘platform worker’ means any person performing platform work who has or is deemed to have an employment contract or an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice;
(e)
‘intermediary’ means a natural or legal person that, for the purpose of making platform work available to or through a digital labour platform:
(i)
establishes a contractual relationship with that digital labour platform and a contractual relationship with the person performing platform work; or
(ii)
is in a subcontracting chain between that digital labour platform and the person performing platform work;
(f)
‘workers’ representatives’ means representatives of platform workers, such as trade unions and representatives who are freely elected by the platform workers in accordance with national law and practice;
(g)
‘representatives of persons performing platform work’ means workers’ representatives and, insofar as provided for in national law and practice,
(h)
‘automated monitoring systems’ means systems which are used for or which support monitoring, supervising or evaluating, by electronic means, the work performance of persons performing platform work or the activities carried out within the work environment, including by collecting personal data;
(i)
‘automated decision-making systems’ means systems which are used to take or support, by electronic means, decisions that significantly affect persons performing platform work, including the working conditions of platform workers, in particular decisions affecting their recruitment, their access to and the organisation of work assignments, their earnings, including the pricing of individual assignments, their safety and health, their working time, their access to training, their promotion or its equivalent, and their contractual status including the restriction, suspension or termination of their account.
2. The definition of ‘digital labour platform’ laid down in point (a) of paragraph 1 does not include providers of a service whose primary purpose is to exploit or share assets or by means of which individuals who are not professionals can resell goods.