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29 Maastricht J. Eur. & Comp. L. 3 (2022)

handle is hein.journals/maastje29 and id is 1 raw text is: 




Editorial

                                                                      Maastricht Journal of European and
                                                                                   Comparative Law
Towards better working                                                          2022, Vol. 29(I) 3-8
                                                                               © The Author(s) 2022
conditions for persons                                                             rsgdJ
                                                                              Article reuse guidelnes:
performing services through                                           Dspu.curn-e
                                                                      DOI: 10.1 177/1023263X221085234
digital labour              platform          s                           maastrichtjournal.sagepub.com
                                                                                     *SAGE



Caroline Cauffman*




Online platforms created new  ways for people to make a living. Not only did they make it easier
for small producers  and  resellers to find potential clients via online marketplaces; they also
created online markets  for the provision of services. The example that usually comes  to mind
when  thinking of this latter type of online platforms is Uber, but there is an enormous number of
such platforms, and they are active in very different fields: passenger transport, food delivery, trans-
lation, programming, proofreading, web design, etc. About 500 labour platforms appear to be active
in the EU.1
   These  platforms generally present themselves as mere online intermediaries, offering a place
where  supply and demand  for services can meet. They also stress the freedom of the service pro-
vider to organize its own work,  to work  when,  where  and as many  hours  as desired. In their
view, this implies that the persons providing services via their platform are self-employed and
not employees.  Several studies indicated that 9 out 10 platforms classify their workers as self-
employed.2  Another  study found that most of these workers 'are genuinely autonomous   in their
work   and  can use  platform  work   as a  way  to  develop  their entrepreneurial activities'.3


1. Commission Staff Working Document Impact Assessment Report, Accompanying the document Proposal for a
   Directive of the European Parliament and of the Council to improve the working conditions in platform work in the
   European Union, SWD(2021) 396 final/2, p. 9; Commission Staff Working Document, Executive Summary of the
   Impact Assessment Report Accompanying the document Proposal for a Directive of the European Parliament and of
   the Council on improving working conditions in platform work, SWD(2021) 397 final, p. 3.
 2. Eurofound, Exploring Self-employment in the European Union (Publications Office of the European Union, 2017), p. 10;
   W. De Groen et al., Digital Labour Platforms in the EU: Mapping and Business Models (2021).
 3. According to the Commission Staff Working Document, SWD(2021) 397 final, p. 2: 'There are around 28 million
   people who are estimated to work through platforms in the EU. 22.5 million of these people are believed to be correctly

*Faculty of Law, Maastricht University, Maastricht, The Netherlands, and University of Hasselt, Hasselt, Belgium

Corresponding author:
Caroline Cauffman, Faculty of Law, Maastricht University, Maastricht, The Netherlands, and University of Hasselt, Hasselt,
Belgium.
Email: caroline.cauffman@maastrichtuniversity.n