• Is provided, at least in part, remotely by electronic means, particularly via a website or mobile application.
• Is provided at the request of the service user.
• The essential and significant element of the service must be the organisation of work carried out by natural persons in return for remuneration, regardless of whether that work is performed via the internet or at a specific location.
• It involves the use of automated monitoring systems or automated decision-making systems.

Key provisions set out in the draft cover the following:

• Presumption of an employment relationship: in the event of a dispute between an employee and a platform, it will be sufficient for the employee to establish a prima facie case that they are working under the direction and supervision of the platform (or its intermediary). The digital platform (or its intermediary) will then have the burden of proof to show that the person in question is not an employee within the meaning of the Labour Code. This presumption procedure will apply in both court proceedings and administrative proceedings before the National Labour Inspectorate (PIP).
• The obligation to keep the PIP informed: the platform will be required to periodically inform the PIP of, including others, the individuals working through its service, employment terms and conditions and cooperation with intermediaries.
• Control over algorithms: increased oversight over the algorithms used to manage the work of platform workers, including restrictions on the use of algorithms without human intervention (e.g. when the platform terminates a contract with a worker).
• Data protection: enhanced protection regarding the processing of the personal data of workers employed via online platforms, including the introduction of a list of prohibited data categories (e.g. emotional and mental state, private conversations with other individuals working through the platform, etc.).
• Penalties: fines of up to PLN 60,000 will be imposed for breaches of specific obligations by platforms and intermediaries.

The legislation is due to come into force one month after its publication. The deadline for implementing the Directive is 2 December 2026.