---

Description

Decree 104/2022 transposes EU Directive 2019.1152 into Italian law.

Transposed provisions from the new Directive, Decree 104/2022

• Employers must declare the implementation and use of automated monitoring and decision-making systems (e.g., for recruitment, discipline, assigning of tasks, evaluation or dismissal).
• With regard to the aforementioned use of algorithmic management, employers must declare (1) the aim and purpose, (2) logic and functioning of the systems, (3) type of data used and parameters to programme or train the systems, and (4) quality control measures and cybersecurity standards.
• Applied to all (not just platform) workers who are subject to algorithmic management.
• Workers are entitled to receive all information up to 24 hours before the beginning of the employment relationship.
• Worker data access should be extended to worker representatives.
• Data access is granted to the Ministry of Labour and National Labour Inspectorate.
• Information pertaining to data collection for actors who are not the workers, as well as the conditions of the employment relationship, should be given on the assumption that the workers themselves have already received the data and information.

Templates for employment contracts are expected to be updated with the company's use of automated decision-making or monitoring systems designed to provide relevant information for the purposes of recruitment, assignment, management and termination, assignment of tasks and duties, monitoring or evaluation of performance and fulfilment of contractual obligations.

The Italian government proposes the following for further development of the Law domestically:

• Mandatory human control and supervision (human in the loop).
• Prohibited use of automated decision-making systems in dismissal processes and procedures.
• Ex-ante and ex-post impact assessment of the automated monitoring and decision-making systems.

---

Additional metadata

Keywords

autonomy and control, information asymmetry, client characteristics, algorithmic management

Actors

Government

Sources

• Italy: Decree on transparent and predictable working conditions published in Official Gazette (22 August 2022)
• Italy: transposition of the European work-life balance directive includes improvements for parenthood and carers (6 April 2022)
• Legislative Decree 104/2022: Transposition of the Directive 2019/1152 of the European Parliament and of the Council (3 August 2022)