China’s Legal and Policy Pathways Towards Regulating Algorithmic Management

Abstract

The distinctive features of algorithmic management at work, including the opacity and complexity of algorithmic management, enhanced employer power and increased subordination in employment relationships, call for specific regulatory responses. However, there are no coherent or uniform laws and regulations that directly address regulation of algorithmic management in China. Given the distinctive features of algorithmic management, there are concerns regarding the effectiveness of the Chinese Personal Information Protection Law (PIPL) and relevant administrative regulation. The primary source of inspiration for reforms in China might be the EU’s PWD, which moves towards a collaborative governance of algorithmic management at work between firms, labour representatives, DPAs, labour authorities, as well as establishing a floor of minimum individual rights and collective rights to information and consultation about algorithms, and reinforcing collective bargaining. Given that the EU has already addressed many of the issues China is currently facing, a proposed Labour Standards Law (LSL), incorporating three aspects of the EU approach, is suggested as the best regulatory approach. Specifically, it could afford workers and trade unions or worker representatives certain minimum individual rights and collective rights, including mandatory rights to be informed and consulted about algorithms, rights to participate in the development and revision of algorithmic rules directly involving the vital interests of workers, and to provide informed views on algorithms aimed at promoting transparency, fairness and accountability in algorithmic management. This LSL could also reinforce labour inspection and collective bargaining across the whole process of algorithmic management to provide effective mandatory enforcement mechanisms.