Automated decision-making • It is important for data subjects to know if they have • If an automated decision has no legal been subject to automated decision-making under consequence, it should be assessed if it has a GDPR, Article 22, because such decisions can have “similarly significant” effect. Even though the significant legal or other effects on individuals. “batched matching system” did have a certain Data subjects have the right to be informed about effect on the performance of the agreement the logic involved in any automated decision- between Uber and the driver, meaning the making process, as well as the significance and possibility of the driver to earn money, it was found consequences of such processing. Furthermore, that the batch making system did not have a they have the right not to be subject to a solely “similarly significant” effect on the data subject. automated decision. • This must be viewed as an edge case, and maybe • If there is any kind of human interference within a it was ruled like this as the automated process process, the processing will never be an automated was about the drivers in groups, and therefore the decision within the meaning of GDPR, Article 22. automated process was not deemed so intrusive for the rights of the driver as an individual. 39

Complycloud EU GDPR Report - Page 39 Complycloud EU GDPR Report Page 38 Page 40