Court of Turin: transparency on authomated decision-making and monitoring systems of workers after d.l. 48/2023.

The ruling of the Court of Turin dated August 5th, 2023 recognized the breach of the Unions' right to transparency when the company Foodinho failed to provide the plaintiff unions with the information required under Article 1-bis of Legislative Decree no. 57/1997 as amended by Legislative Decree no. 104/2022 and Legislative Decree no. 48/2023 on the platform that assigns deliveries, evaluates and profiles riders by algorithm is of absolute interest as it represents one of the first reasoned and complete analyses on:

(a) how the Decision-Making and Monitoring Systems Disclosure should be drafted, considering all aspects, including cybersecurity, and when it is considered comprehensible;

(b) when a decision-making or monitoring system can be said to be "fully" automated (as is well known, d.l. 48/2023 imitated to such decision-making and monitoring systems the disclosure requirements);

(c) when can the trade secret under Article 98 of the Italian Industrial Property Code be effectively opposed to the request for transparency;

(d) what is the relationship between Regulation 679/2016 and the legislation on transparency and predictability of working conditions.