A court in Bologna, Italy, ruled that a Deliveroo algorithm used to assess the reliability of its riders was discriminatory.

In a case bought by a group of Deliveroo riders and backed by CGIL, Italy’s largest trade union, the court ruled (pdf) that the 'secretive' 'Frank' algorithm used by the food delivery company to assess the reliability of its riders violated local labour laws by failing to distinguish between legally legitimate reasons riders may not be working, such as illness or serious emergency, and more mundane reasons.

The system had been thereby unjustly penalising riders with legitimate reasons for not working. 

Deliveroo, which says it no longer uses the algorithm, has been ordered to pay EUR 50,000 to every affected rider. 

It had previously claimed the algorithm cut delivery times by 20 percent.

Legal, regulatory 👩🏼‍⚖️

• FILCAMS CGIL BOLOGNA NIDIL CGIL BOLOGNA FILT CGIL BOLOGNA contro DELIVEROO ITALIA S.R.L.

News, commentary, analysis 🗞️

• https://www.forbes.com/sites/jonathankeane/2021/01/05/italian-court-finds-deliveroo-rating-algorithm-was-unfair-to-riders

• https://www.vice.com/en/article/7k9e4e/court-rules-deliveroo-used-discriminatory-algorithm

• https://ai-lawhub.com/2021/01/18/an-italian-lesson-for-deliveroo-computer-programmes-do-not-always-think-of-everything/

• https://www.business-humanrights.org/en/latest-news/italy-court-rules-against-deliveroos-rider-algorithm-citing-discrimination/

• https://www.socialeurope.eu/food-delivery-riders-algorithms-and-autonomy

• https://techcrunch.com/2021/01/04/italian-court-rules-against-discriminatory-deliveroo-rider-ranking-algorithm/

• https://www.natlawreview.com/article/italian-garante-fines-deliveroo-25m-euros-unlawful-processing-personal-data

• https://www.ansa.it/emiliaromagna/notizie/2021/01/02/rider-cgilalgoritmo-discrimina-sentenza-tribunale-bologna_cc14c299-2c6b-411b-b677-496549ee3af1.html