All that shines is not AI. Regulating algorithms at work

Algorithmic management systems—a comprehensive set of tools and software used to organize, control, and discipline workforces—automate, replace, or augment managerial prerogatives in various work contexts. These systems can embody the latest iteration of traditional command-and-control approaches, potentially deepening hierarchies without significantly improving well-being, fulfillment, or competitiveness. However, the outcome depends largely on how societies and their leaders regulate their use.

From a legal perspective, there is an inherent risk of disrupting established control mechanisms designed to prevent the arbitrary exercise of managerial authority. Consequently, long-standing principles such as fairness, transparency, non-discrimination, due process, and proportionality are under significant strain. This concern is both widespread and justified. At the European Union (EU) level, recent years have seen remarkable regulatory activity, culminating in the adoption of the AI Act and the Platform Work Directive. Though these two legal instruments differ greatly in purpose, content, and technique, they are part of a broader digital regulation framework aimed at guiding the design, deployment, and development of technologies that are less harmful and more functional. However, various pieces of legislation are relevant when mapping the laws governing AI management in the workplace. This presentation will sketch out a useful cartography of the laws governing algorithms used in workplaces.

Antonio’s talk will explore how to transition from a retrospective, adversarial, and individualistic model to an anticipatory and participatory one. In essence, a convergent interpretation of the GDPR, non-discrimination laws, and (collective) labour law provisions can lead to fairer, smarter, and more sustainable data-driven workplaces, especially when rights are exercised collectively. Practitioners and activists are beginning to mobilize legal resources across various venues: in court, before data protection authorities, and through equality bodies. In this context, the paradigms of worker involvement and participatory AI governance offer a groundbreaking opportunity to shape a better future of work. Also, collective agreements at the company level are emerging as ideal platforms for negotiating the terms and conditions of AI systems used in worker recruitment and management. Additionally, the potential for co-designing technological tools is vast. Workplaces have always been sites of creativity; this time, they can serve as a testing ground for norms that empower rather than entrench inequalities and opacity.