Workers' Data Rights

The report finds widespread underenforcement of workplace data rights and major differences in how EU countries apply the GDPR alongside national labour laws. It recommends enabling collective enforcement under the GDPR, streamlining DPA activities and guidance, and ultimately creating an EU-wide data protection framework for the workplace.

Fes Future of Work together with  UNI Europa organised a conference - on The Future of Quality Jobs and Workplace AI: Regulation for Innovation hosted policymakers, trade unionists, business representatives, and academics. They gathered to discuss how to contain the negative effects of digital technology in the workplace, while also supporting incentives to innovate. Panelists agreed that for innovation to be sustainable, technologies must be deployed responsibly—acknowledging workers’ wellbeing as a driver of innovation.

Generative AI is transforming how we access, create, and value information. But how can we prevent AI models from capturing the value of journalism, research, art, and culture – leaving creators without economic incentives to produce? And how do we address the growing concentration of power in the hands of a few AI companies?

While the debate is often polarised between hype and fear, this event takes a practical look at the risks and opportunities. We explored potential solutions, from redistributing value to strengthening democratic oversight, and ask what tools are needed beyond copyright law and existing EU regulation.

FES Future of Work together with Open Future  organiseda panel debate hosting Member of European Parliament Tiemo Wölken,Director for Media Policy, DG CNECT European Commission Giuseppe Abbamonte, Prof. Alexandra Bensamoun of University Paris-Saclay, and representatives from journalism, culture, and civil society, like AEPO-ARTIS General Secretary Ioan Kaes and European Federation of Journalists Director Renate Schroeder.

Together with the iManage Project at the Bonavero Institute of Human Rights at the Faculty of Law, University of Oxford, FES Future of Work hosted the panel "From paper to power: implementing workplace data rights". With Halefom H. Abraha, Anne Reichert, Anna-Elisabeth Hampel, Six Silberman, and Justin Nogarede. 
 

The Democratic Tech Alliance and FES Future of Work organised  a panel debate and discussion on data protection, democracy, and the digital omnibus package the European Commission is expected to present later this year. Speakers include, among others, Johnny Ryan, Director of the ICCL Enforce; Members of European Parliament Birgit Sippel and Sergey Lagodinsky; as well as Robin Berjon of Supramundane Agency.

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The European Union is at a crossroads in its digital transformation, with geopolitical tensions and growing dependence on foreign tech giants highlighting the need for greater technological sovereignty. This policy study addresses the crucial steps required for the EU to reduce its digital dependencies and build a more resilient, autonomous, and socially inclusive digital ecosystem. The study emphasises the importance of enforcing existing digital regulations and creating a European Digital Industrial Policy (EDIP) to drive innovation and secure European values.

FES Future of Work collaborated with the Arbeiterkammer Vorarlberg to organise the 3^rd annual conference on Technology assessment from a workers´ perspective. The event brought together practitioners, academics, and labor representatives to discuss various issues under the theme of 'Digitalisation and Work.' Topics ranged from how to involve workers in the deployment of new algorithmic management systems to the effective regulation of platform work.

The conference, which took place in Feldkirch, Austria, commenced with a keynote speech by Fabian Stephany titled 'Superpower Skills – The Role of Skills in Times of Technological Change.' Fabian Stephany is assistant Professor in AI & Work at the Oxford Internet Institute (OII), University of Oxford, a Research Affiliate at the Humboldt Institute for Internet and Society in Berlin and a Fellow at the Brussels-based Think Tank Bruegel. Following the keynote, several parallel workshops on AI and workers were conducted.

Rewatch the keynote by Fabian Stephany on Superpower Skills. 

Interview with Fabian Stephany on "Work, AI and Skills" (in German).

Official website of Schaffarei Conference 2023.

The conference opened with keynote remarks from MEP Brando Benifei, who set the scene for a timely discussion on generative AI and its impact on creative work.

The first panel, “Generative Industries, Generative AI, and Labour: The Path Ahead,” explored emerging initiatives and collective responses to generative AI. Ellen Stutzman (Writers Guild of America) shared insights into how Hollywood writers and trade unions successfully pushed back against the unrestricted use of generative AI. She was joined by Johannes Studinger (Head of Media, Entertainment & Arts at UNI Europa), Frédéric Young (Executive Director at SACD Belgium and SCAM), and Portrait XO (artist and independent researcher). Together, the panel examined how creative workers can respond to the rise of generative AI, ensure they benefit from it, and what lessons can be learned from collective organizing and representation of workers’ rights.

The second panel focused on legal and policy perspectives on generative AI. European policymakers Alex Agius Saliba, Alexandra Geese, and Axel Voss joined Teresa Nobre (Legal Director, COMMUNIA Association) and Matthias Hornschuh (German composer and spokesperson for the Authors’ Rights Initiative). The discussion addressed the actions needed to resolve tensions between generative AI and fundamental values such as data protection and artists’ rights, particularly copyright and the right of creators to benefit from the fruits of their work. 

At this year’s Labor.A  conference, FES Future of Work hosted two sessions. 

Together with UNI Europa, FES Future of Work presented a joint research project on collective bargaining practices on AI in the European services sectors. The research session featured speakers Marta Kahancovà (Central European Labour Studies Institute), Steve Rolf (Digital Futures at Work Research Centre, University of Sussex), and Giovanni Suriano (Works Council at DT AG, Ver.di).

The second session, “Job crafting in the era of algorithmic management,” focused on discussion and exchange with Dr. Robert Peters (Institut für Innovation und Technik), Blaž Gyoha (Austrian Trade Union Federation), and Isabelle Lippert (TU Dresden).

Read the article in Tagesspiegel Background

Workers have specific data protection needs that general data protection rules do not fully address. Recognising this, the General Data Protection Regulation (GDPR) allows Member States and social partners to establish more detailed norms for the workplace. This paper provides guidance on the content of such specific workplace data protection norms and may be especially useful to unions and works councils that negotiate agreements on data protection issues.

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Workplace compliance with existing data protection law appears poor. A variety of reasons explain this, including lack of legal clarity and under-resourcing of worker organisations (e.g., unions), data protection officers, and data protection authorities. This paper explores what social partners, governments and civil society organisations can do to improve data protection compliance at work. It explores the potential of codes of conduct and certification schemes, as well as the relevance of technical expertise and strategic litigation.

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In the US and Europe, the new digital economy has led to profound changes in working conditions. These changing dynamics require a decent work agenda based on the needs of workers. This FES briefing provides a comparison between the situations in the US and Europe and analyses how to arrive at a collective work agenda in the digital economy.

At the project launching event, the authors of the two studies, Steve Rolf (University of Sussex) and Marta Kahancovà (CELSI) presented the key findings and Fiona Dragstra (WageIndicator Foundation) gave a short introduction into the new dashboard. We were delighted to have three experts, Uma Rani (ILO), José Varela (UGT) and Stefan Olsson (European Commission), who commented on the results from their different perspectives.

Please find the agenda here.

Presentaion of report "AI and Algorithmic Management in European Services Sectors"

Presentation of report "Collective Bargaining Practices on AI and Algorithmic Management"

Trade Union Perspective: Presentation from José Varela (UGT)

Global Perspective: Presentation from Uma Rani (ILO)

Artificial intelligence (AI) systems are increasingly being used across various industries. This FES-UNI Europa report presents the current situation in collective bargaining regarding the use of AI-related tools by employers vis-à-vis workers, especially in the services sector. The report is part of a broader FES-UNI Europa research project that is exploring the growing significance of AI-systems for European workers as well as prospects for collective bargaining to assert worker control over these new and proliferating tools.

Artificial intelligence (AI) and algorithmic management systems (‘AAMS’) have proliferated in European service work during recent years. This FES-UNI Europa report provides a broad overview of the main functions of AI and algorithmic software tools, and review estimates of their prevalence. The report is part of a broader FES-UNI Europa research project that is exploring the growing significance of AI-systems for European workers as well as prospects for collective bargaining to assert worker control over these new and proliferating tools.

EU policymakers have proposed an alphabet soup of digital laws – DMA, DSA, DGA, AIA, PWD, you name it – to get more transparency and accountability from tech firms and the digital infrastructures they control.

But this agenda – vital though it is – is also defensive. The trajectory of AI is mainly driven by private corporations and driven by controversial ideologies like "General Artificial Intelligence" or "Singularity", and a neoliberal preference for markets, the individual, and an almost religious belief in technological solutions.

This is especially the case for the world of work, where, to parahrase Professor Brishen Rogers, we see that digital technologies are used as a tool of class power, with a focus on automation, surveillance and algorithmic management, and which results in more and more workers being subject to increasing market discipline, as rents and control over data are concentrated in the hands of a fewer and fewer firms.

To address this, Europe should develop a broad political approach that not only puts in place technical guardrails for AI systems, but that also anticipates the long-term implications for employment, labor rights, creativity, education, and societal norms.

As the next wave of tech – machine learning models from Chat-GPT to Stable Diffusion – is hitting our shores, the urgent question is  whether the EU will again accept this as a fait accompli whilst trying belatedly to manage some risks? Or will it develop its vision and programme for digital tech that aligns with European values? 

• Partner: Foundation for European Progressive Studies (FEPS)
• With keynote speeches by Evgeny Morozov (Founder of The Syllabus), Prof. Valeria Pulignano and Nicolas Schmit (Commissioner for Jobs and Social Rights). Moderated by John Thornhill (the Innovation Editor at the Financial Times).

The publication is based on three student papers as part of the PhD Summer School 2023 – AI and the Transformation of Work: Employment, Skills and Job Quality. The summer school was organised by the FES Competence Centre on the Future of Work in Berlin in cooperation with the Weizenbaum Institute for the Networked Society.

FES Future of Work collaborated with the Arbeiterkammer Vorarlberg to organise the 3^rd annual conference on Technology assessment from a workers´ perspective. The event brought together practitioners, academics, and labor representatives to discuss various issues under the theme of 'Digitalisation and Work.' Topics ranged from how to involve workers in the deployment of new algorithmic management systems to the effective regulation of platform work.

The conference, which took place in Feldkirch, Austria, commenced with a keynote speech by Fabian Stephany titled 'Superpower Skills – The Role of Skills in Times of Technological Change.' Fabian Stephany is assistant Professor in AI & Work at the Oxford Internet Institute (OII), University of Oxford, a Research Affiliate at the Humboldt Institute for Internet and Society in Berlin and a Fellow at the Brussels-based Think Tank Bruegel. Following the keynote, several parallel workshops on AI and workers were conducted.

Together with Friedrich-Ebert-Stiftung Portugal, FES Future of Work, organised a stimulating debate and film screening about Artificial Intelligence and the transformation of the job market with the participation of João Ribeiro (director of the magazine Shifter), Aldo Montesano (film director),  Dr. Nuno Boavida (academic researcher working in the intersection of technology and work) and António Dias Martins (Startup Portugal). 

FES Future of Work and IT for Change have organised  a one-day global policy dialogue to deliberate on how data rights have emerged as a critical new frontier for labour rights in the digital economy and develop strategies/policy recommendations for the European and global context. 

The meeting was structured as an expert dialogue with over 30 participants from the policy community at the EU level, as well as trade unions, civil society organisations and researchers working on digital rights and labour from the EU and other parts of the globe. The day was organised into a series of discussion rounds, with opening remarks from each 3-4 lead discussants, followed by an open plenary round.

The School aims to explore upcoming research questions related to the emerging impacts
of artificial intelligence on workers.

The Summer School focuses on a range of topics, including
- Algorithmic management,
- Changes in management strategies,
- Discrimination at the workplace,
- Involvement of trade unions in regulating the use of AI,
- Changes in work organisation.

FES Hungary and FES Future of Work have organised a film screening and debate to explore the promises and contradictions of artificial intelligence (AI) in education in Hungary. While AI is often framed as a tool to expand access to knowledge, modernise teaching, and reduce inequalities, these ambitions collide with the realities of Hungary’s education system. Despite national strategies promoting AI literacy and innovation, schools face chronic underfunding, staff shortages, and increasing centralisation that limits teachers’ autonomy. The event invited audiences to reflect on who AI-driven education is really for—and what conditions are necessary for it to be meaningful and fair.

The study investigates the impact of digital technologies on workers in the construction and woodworking sectors and how trade unions are responding to these changes by answering the following questions:

• How do changes in organisational processes due to new technologies impact everyday working conditions, qualification, and experiences of workers?
• What is new in terms of technology and what merely constitutes a higher degree of digitalisation of existing processes/technology?
• How can trade unions construct a collective bargaining agenda based on these findings?
• What is already regulated in collective agreements or other type of agreements?
• Are there any trade union policies on how to deal with these transformation processes?
• Are there any policies/experiences with those processes? If so, are there any types of agreements/procedures at the company level (participation in the implementation process; training; checks; involvement of external expertise, etc.)?

To answer these questions, an initial desk research, mainly focussing on impact, was carried out. This was complemented by interviews with trade union representatives in six different countries (Denmark, Italy, Spain, the Netherlands, Sweden, Austria).

Software is increasingly important for daily work and management decisions. But workplace software is increasingly ‘off-the-shelf,’ rather than designed for the specific needs of particular workplaces, and developed by a few major multinationals. How can workers have influence here? 

On 21 March we discussed these issues together with Professor Susanne Bødker, Professor in the Department of Computer Science at Aarhus University in Denmark. Her keynote was based on her article on ´reimagining participatory design´ and focused on the state of the participatory design tradition, and its potential for empowering workers in today´s digitised workplace. 

Impact in Workplace Technology

Participatory design was developed in the Nordic context, with strong unions and relatively ‘local’ control over technology development. Participatory design methods have been adopted beyond the Nordics and beyond the workplace, in areas such as health technology and game design—and in this way have had major ‘mainstream’ impact.

At the same time, the participatory design community seems to be grappling with the question of how to continue to have impact in workplace technology in the contemporary technical and organizational landscape. Unions’ influence has declined in many jurisdictions and most workplace software is now made by external vendors. This raises questions, such as: Who are the partner organizations for participatory design practitioners? And how can these partners develop the legitimacy and institutional power to exert real influence over workplace technology practice?

This event was organised in cooperation with :

• Joanna Bronowicka, European University Viadrina
• Christina Colclough, Why Not Lab
• Michael Six Silberman, University of Oxford

China has advanced a powerful framework for regulating algorithms. This FES policy briefing places the Regulations in the context of recent shifts toward digital regulation within China, examines the broad scope of the Regulations, and explores the impact these may have across society. It looks in particular at the consequences of algorithmic management for work and workers (and particularly for the platform economy), and what impact the Regulations may have on this field. Finally, it contrasts the Regulations with comparable initiatives in the European Union, arguing that China’s combination of a stringent regulatory system with expansive industrial policy aimed at pushing toward the technological frontier constitutes a formidable means of socially embedding the digital economy.

In cooperation with the Charlemagne Society, FES Future of Work organised an internal conference in Aachen focusing on the upcoming directive proposal on Artificial Intelligence. Bringing together labour policy actors from across Europe, the conference addressed key questions around trustworthy AI, its challenges and opportunities, lifelong learning in the context of AI, and how AI innovation can be promoted in Europe.

Across four panels, experts discussed the diverse implications of AI in the workplace.

The conference opened with a panel exploring whether AI is more of a curse or a blessing. Contributions from Prof. Dr.-Ing. Verena Nitsch (Director, Institute of Industrial Engineering and Ergonomics), Aída Ponce Del Castillo (Senior Researcher, ETUI), Stefan Gran (Senior Advisor, ETUC), and Nick Woischneck (Zukunftszentrum KI NRW, IG Metall NRW) highlighted concrete uses of AI at work, as well as the opportunities and challenges AI presents for both European workers and companies.

Given the central role of trustworthiness in the European AI Act, the second panel focused on what trustworthy AI should look like and how it can be implemented across Europe. Dr. Anne Mollen (AlgorithmWatch), Oliver Roethig (Regional Secretary, UNI Europa), and Sophia Greulich (IBM Germany) were joined by Brando Benifei (MEP), one of the rapporteurs for the AI Act, who opened the discussion with a keynote address. A key takeaway was that transparency and co-determination are essential for the successful implementation of trustworthy AI.

The third panel examined Europe’s role as an innovation hub. To position itself sovereignly between the USA and China in the digital transformation, Europe must strengthen its innovation capacity—particularly in the field of AI. Juha Heikkilä (Advisor for Artificial Intelligence, DG CONNECT) and Dr. Christian Kellermann (German Research Center for Artificial Intelligence) emphasised that digital innovation must become more understandable, accessible, and demand-driven.

The conference concluded with a panel on how workers can be prepared to engage with AI. Stefan Olsson (Deputy Director-General, DG EMPL), Kristin Keveloh (Senior Lead Manager, Public Policy & Economic Graph, LinkedIn), and Marcus Merheim (Founder, hooman EMPLOYER MARKETING; Executive Board Member, Future World of Work at the German Association for the Digital Economy) discussed how training needs can be identified and how cooperation between different actors can support effective lifelong learning strategies across Europe.

The FES Competence Centre 'Future of Work' hosted together with UNI Europa a joint-session -"AI becoming the second boss? A workers’ perspective on algorithm management at the workplace"  at LABOR.A 2022. 

Algorithm management (AM) tools are mainly used in the hiring and recruitment process; for performance management and everyday working decision making. In general, AM is a diverse set of technological tools and techniques to remotely manage workforces, relying on data collection and surveillance of workers to enable automated or semi-automated decision-making.

In our session we would like to take the opportunity a to talk about the impact of AM at the Workplace from a Workers’ perspective and to discuss the results from the UNI Europa - FES survey on Algorithm Management; giving answers to important questions, such as:

• What is the awareness of Workers of the use and the challenges/risks of AM tools?
• How do employers prevent or mitigate the risks generated by AM use?
• What are the experiences with the actions/activities of trade unions to prevent/mitigate the risks generated by AM use?
• What are the expectations towards employers to prevent and mitigate the risks generated by AM? What are the expectations towards trade unions regarding prevention and mitigation of the risks generated by AM use?

In coorperation with FES Democracy of the Future, this Tech Talk was dedicated to the question "Does the future of work undermine the democracy of the future?”

Most policy and business experts agree that digital transformation will have a far-reaching impact on the global workforce. McKinsey predicts that in about 60 percent of occupations, at least one-third of the constituent activities could be automated, implying substantial workplace transformations and changes for all workers.

The ongoing digital transformation might also have political consequences as any disruptive change provides a fertile ground for populist ideas to flourish. Economic research suggests that technological change and globalisation transform the labour market resulting in economic insecurities such as rising unemployment and increasing inequalities. In combination with the rolling back of labour market protection policies, economic insecurities manifest themselves in dissatisfaction with the political system and feeds the populist backlash. Therefore, we need to ask, in what ways is digitalisation threatening democracy? And how can the future of work and digitalisation shape the democracy of the future for the better?

With our Tech-Talk we aimed – together with MEP Gabriele Bischoff (S&D Group), Bettina Kohlrausch (Institute of Economic and Social Research, WSI) and Tim Vlandas (University of Oxford) – to seek for solutions and ask what needs to be done on the European level to prevent an undermining of democracy through digitalisation.

Algorithmic management tools are used in recruitment, surveillance and daily decision-making of workers’ lives. The FES-UNI Europa report presents the findings of a survey dedicated to algorithmic management, its usage and practices, addressing the risk of AM from a workers’ perspective. The report explores whether workers are aware of algorithmic management practices at their workplace and whether trade unions engage in collective bargaining concerning algorithmic management at the workplaces.

Download Report (German Version)

At the joined online event by FES and UNI Europa of the report “Artificial Intelligence and Automation in Retail. Benefits, challenges, and implications (a union perspective)“ we discussed benefits, challenges, and implications of artificial Intelligence and automation in retail. 

The report was presented by the two researchers Wil Hunt and Steve Rolf from the University of Sussex. The outcomes were discussed by a panel of key participants. In a first part, we discussed together with Ernst Ekkehard, Chief Macroeconomist at the International Labour Organisation (ILO) and Jiri Branka from the European Centre for the Development of Vocational Training (CEDEFOP), the impacts of AI and automation in retail, while focussing on employment restructuring and job change. In a second part we discussed policy initiatives and the role for trade union, together with Pilar Rato, Vice-President of UNI Europa and Jenny Wrangborg, Researcher at the Commercial Employees' Union.

Click here for our agenda.

The digitalisation of retail poses challenges to workers and unions. However, by working to strengthen existing collective agreements, organising in new sections of the retail workforce, pushing for skills accreditation programs, and demanding oversight of algorithmic decision-making technologies, retail unions may help ensure retail firms invest in staff alongside new technologies. In this way, digitalisation might bring about improvements rather than degradations of working life in retail during the turbulent changes to come – and revitalise trade unionism in the digital age.

Trade unions must carefully monitor these changes, be careful not to be drawn in by technological determinism, and work to gain footholds in emerging
sectors like delivery and fulfilment. In this way, they can exert significant leverage and improve conditions for workers in the sector.

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FES Future of Work, in cooperation with FEPS, organised the discussion “Europe’s Quest: An Autonomous Path for the Digital Decade?”, featuring a keynote address by Benjamin Bratton.

Benjamin Bratton is an American sociologist, architectural and design theorist, and Professor of Visual Arts at the University of California, San Diego (UCSD). His keynote was followed by a panel discussion titled “Being Autonomous? The EU’s Vision for the Digital Decade.”

The internet as we know it has largely been shaped in the United States and is characterised by centralised power and commercial surveillance. The European Union aims to take a different path—seeking greater digital autonomy to change course and drive a sustainable digital transition. The coronavirus recovery funds present a unique opportunity to do so.

But are the goals of the 2030 Digital Compass Strategy and the planned investments ambitious enough? Can a strong reliance on national spending and market forces deliver the desired transformation? This panel explored concrete steps towards a more ambitious and coherent EU digital agenda.

Speakers: Francesca Bria, Sabine Pfeiffer, and Paul Tang.

We are in the midst of the digital transformation, which also has repercussions for the labour market. Digitalisation plays a profound role when it comes to job-seeking. Algorithms play a key role in this process. These use data that is consciously as well as unconsciously produced by people to match them with available positions, or to classify a job-seeker as suitable or unsuitable for a job. Are certain workers systematically discriminated against? And what should be done to guarantee that workers’ rights are respected in the digital age?

In our Tech-Talk we aimed – together with Christina J. Colclough (The Why Not Lab) and Jan P. Brauburger (IndustriALL) – to shed light on what needs to be done at the European level to offer more transparency for, and improve the rights of, job-seekers. The discussion was moderated by Aida Ponce del Castillo (ETUI).

The Digital Services Act (DSA) constitutes the biggest legislative reform in the history of the EU digital economy. In order for Europe to be ready for the digital age, the European Commission is proposing a disruptive attempt to regulate tech giants like Google, Facebook or Amazon by imposing obligations on digital service providers, with the focus being on four principles: transparency, empowering users, risk management and industry cooperation. The DSA lays down EU-wide obligations and is to apply to all digital services that connect consumers to goods, services or content.

Together with  our Experts -Athina Angeliki Tsitsou, (European Commission), Tiemo Wölken (MEP) and Aída Ponce del Castillo (ETUI) - we shed light on what the DSA is exactly and how it will affect the EU digital economy in the future.