This document examines the legal and regulatory landscape of artificial intelligence (AI) and algorithmic management (AM) in Spain, focusing on collective bargaining and judicial responses.
Judicial Responses to AI and AM
Landmark rulings have deemed dismissals linked to automation as unfair unless justified by prior business difficulties.
Courts have upheld the use of algorithmic tools in some cases while ruling against their use in ways that undermine workers' rights, such as during strikes.
Recent cases mandate transparency regarding algorithms affecting workers, reinforcing the right to access information about decision-making processes.
Regulatory Developments
Spain's regulatory framework for AI and AM is built on three pillars: platform work legislation, data protection law, and AI-specific regulations.
The Rider Law (Law 12/2021) formalizes employment status for gig workers and enhances transparency regarding algorithmic systems affecting working conditions.
Data protection laws, including the GDPR and Spain’s Organic Law on Data Protection, establish digital rights and limit employer surveillance.
The draft law aligning with the EU AI Act introduces stricter obligations for high-risk AI systems and emphasizes transparency and worker rights.
Collective Bargaining Trends
Collective agreements are increasingly addressing AI and AM, with three main approaches: transposing legal requirements, broadening consultation duties, and expanding governance mechanisms.
Several agreements are discussed: the Banking Sector Agreement, the Food Trade Agreement, the Just Eat Agreement.
#AlgorithmicManagement and artificial intelligence at work
Regulatory and #CollectiveBargaining trends from #Spain
Spain's regulatory framework for #AI and AM is built on 3 pillars: #platformwork legislation, data protection law, and AI-specific regulations
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