Secret algorithms and hidden data flows violating rights of “gig workers”

From 2019 onwards, DFF has provided multiple grants to Worker Info Exchange for both research and legal action activities.

Worker Info state that “gig workers” are oppressed, misclassified as self-employed and denied the right to a minimum wage, as well as freedom from discrimination and unfair dismissal. Their oppression is exacerbated by digitisation, with intensive algorithmic management and surveillance of their work. Platforms like Uber and Ola cabs have refused to make available personal data of drivers at work or to provide transparency of algorithmic management as required by law, thus preventing drivers from collectively bargaining or claiming their employment rights.

Legal strategy research 2020-2021

Between 2020 and 2021, Worker Info Exchange completed research to clarify the best routes for litigation, and defined a litigation strategy for filing complaints to courts and data protection authorities.

The research has informed a number of ongoing cases, including a claim challenging unfair dismissals, a discrimination complaint supported by the Equalities and Human Rights Commission about Uber’s use of facial recognition, and complaints to data protection authorities for failure to comply with subject access requests. The research and litigation has led to Transport for London’s decision to stop automatic revocation of drivers who have been accused of sharing their account on the back of flagging by facial recognition or geo location identification checks. The litigation has shown that the technology is less than fallable and drivers now have some due process.

Uber and Ola litigation success 2022-2023

A DFF litigation grant supported Worker Info Exchange in a case in Amsterdam against Uber and Ola cabs challenging insufficient data access and transparency in algorithmic decision-making. The hearing took place on 18 May 2022 and in April 2023, the Court found in favour of workers and against Uber and Ola Cabs. Among other rulings, the court ordered Uber and Ola Cabs to provide information to workers on automated decision making relating to work allocation and fares including dynamic pay and pricing.

Further legal research 2022-2025

Worker Info carried out further preparation to trigger systemic regulatory intervention across Europe and support longer-term litigation strategy. This included commissioning a detailed legal analysis on how gig economy platforms’ business models systematically infringe GDPR protections. In 2025, Worker Info also collaborated with the University of Oxford to publish the research “Not Even Nice Work If You Can Get It; A Longitudinal Study of Uber’s Algorithmic Pay and Pricing”. This research revealed that reveals Uber’s introduction of dynamic pay has reduced driver pay, increased Uber’s commission, and made pay more unpredictable and unequal for its workforce.

Building momentum: 2025 onwards

On 4 April 2025, the European Commission published a comprehensive study on the state of algorithmic management in the European Union. Worker Info Exchange’s litigation against both Uber and Ola Cabs was highlighted, with the European Commission stating:

“Both the Uber and Ola cases are prime examples of successful strategic litigation that has led to the mobilisation of GDPR data subject rights vis-à-vis digital labour platforms.”

According to Worker Info Exchange, this indicates that gig economy workers can effectively resist unfair algorithmic management and that doing so is an important vector in mobilising workers towards effective union organising for building and sustaining long term power.

On 2 September 2026, Uber drivers from the UK, Netherlands and other countries launched a class action claim, led by Worker Info against Uber in Amsterdam. The claim alleges that Uber has unlawfully used automated decision-making, including profiling, in dynamically setting pay and allocating work.