Case Law on Algorithmic Management at the Workplace: Cross-European Comparative Analysis and Tentative Conclusions

Abstract

This report takes stock of cases on algorithmic management in the workplace in Europe as of April 2023. It provides an analysis of 13 judgments and five administrative decisions, as well as references to pending and settled cases. So far, cases on this issue have been brought in eleven European countries. The analysis includes all cases in which algorithmic management and decision-making were used in the employment context and claimed or found to have violated labour law and/or privacy protection.

Keywords: labour law, European law, EU law, algorithmic management, discrimination law, privacy protection, GDPR