Platform Work in the Context of Big Data: Legal Issues and Countermeasures

Xiang Li


Based on the sharing economy and big data operation, platform work has the characteristics of platform dependence
and digitalisation. However, traditional labour relations based on subordination theory and related standard systems are no longer
applicable under the new employment model, which has led to difficulties in the identification of labour relations and judicial
practice and has triggered several derivative contradictions. These contradictions will be aggravated by improvements in the
sharing economy and the internal digitalisation of platform employment. Accordingly, the operating logic of platform-based
employment and the essence of digitalisation should be emphasised to enhance the judgment standards of labour relations and
strengthen the legal regulation of data platforms so as to provide legal and social responses for effective negotiation between labour
and management in the context of big data.


Labour relations; Big data; Subordination theory; Platform employment

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[1] C. Kumar, ‘The Automated Tipster: How Implicit Bias Turns Suspicion Algorithms into BBQ Beckys’ (2020) 97 Federal Communications Law J.

[2] Seema Ghatnekar, ‘Injury by Algorithm’ (2013) 171 Loyola of Los Angeles Entertainment Law Rev.

[3] P. Crofts, ‘Negotiating ‘Evil’: Google, Project Maven and the Corporate Form’ (2020) 19 Law Technology and Humans J.

DOI: https://doi.org/10.18282/l-e.v10i2.2338


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