Date
1 September 2026

Tag

Active

Country
Spain Spain
Geographical scope
National
Type
  • Type

    Legislation

    Legal
  • Type

    Employment contract

    Legal
  • Type

    Algorithmic management

    Legal

Description

The Ministry of Labour and Social Economy published a draft bill to transpose Directive (EU) 2024/2831 and opened a prior public consultation on 31 July 2026, which ran through 14 August 2026. The draft expands the scope of national platform legislation beyond the existing 2021 Rider Law (Ley Rider). The proposed text extends the statutory presumption of employment from food delivery riders to all digital labour platforms operating in Spain, including care work, domestic service, and online freelance platforms. Once triggered by facts indicating direction and control, the legal burden shifts to the platform to rebut the employment relationship. The bill also incorporates the Directive's algorithmic management provisions into the Workers' Statute (Estatuto de los Trabajadores), mandating human oversight of automated decisions (such as account suspensions) and prohibiting algorithmic processing of sensitive worker data, including emotional state or trade union activity. Regarding subcontracting, the draft maintains Spain's strict enforcement framework established under the Rider Law. It treats third-party fleet intermediaries and subcontracting agencies that operate under the direction of a platform's algorithm as falling under the scope of the employment presumption, seeking to prevent platforms from using external fleets to bypass direct employment obligations.


Additional metadata

Actors
Government

Sources

Citation

Eurofound (2026), Spain: Draft Platform Work Act Expansion (Legislation), Record number 4548, Platform work database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/spain-draft-platform-work-act-expansion-110297.