Bottom line: The EU shifts the burden of proof for worker independence from workers to platforms that exercise algorithmic control over working hours and compensation.
The EU has adopted a regulation on algorithmic management that reverses the burden of proof for platforms like Uber and Deliveroo: Companies must now demonstrate that drivers are actually independent if the app controls their working hours and compensation. If this proof is lacking, an employment relationship is deemed to exist.
The EU directive on algorithmic management targets platforms like Uber, Deliveroo and comparable services where algorithms control the performance, availability and compensation of work. The central legal turning point lies in the reversal of the burden of proof: Previously, workers had to prove in court that they were employed and not self-employed. Going forward, platforms must demonstrate that users actually operate independently – for example through their own pricing, flexible time management without penalties for declining orders, or the ability to work for multiple competitors.
For compliance functions, this represents a significant reassessment of risk. If drivers or couriers are scheduled through the app for working hours, their acceptance of orders is monitored, or their compensation is calculated algorithmically, such control mechanisms contradict the current definition of independence. This creates points of leverage for authorities and worker organisations to challenge the classification of platform users as independent contractors.
In practice, such regulations force companies to review their business models: either they reduce algorithmic control and enable genuine independence – with consequences for operational management – or they accept reclassification as employers with all associated social obligations (health insurance, minimum wage, rest periods). The directive is not only aimed at large corporations, but also has regulatory impact: member states can create their own enforcement mechanisms and impose fines.
Source: www.golem.de · Published 22 June 2026
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