9 THE ITALIAN LAW JOURNAL NO. 2 (2023)
Transparency and Comprehensibility of Working Conditions and Automated Decisions: Is It Possible to Open the Black Box?
by Loredana Zappalà The paper proposes a reflection on the possibility for workers and trade unions to know and understand the logics of the functioning of new forms of algorithmic management. In particular, the essay analyses the evolution of the principle of transparency and comprehensibility of automated decision-making systems in labour matters, focusing on the recent discipline with which the Italian legislator has transposed the Directive 2019/1152 on predictable and transparent working conditions. The analysis also looks at the recent judgments of some Italian Courts which, at the request of trade union, have clarified the scope and breadth of information obligations in relation to automated decision-making systems. In the light of the Italian experience, collective bargaining can be considered as the most appropriate regulatory instrument to respond to the new challenges related to the use of technology in the workplace. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
