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Between Sex and Work: Regulating Webcamming Under the Platform Work Directive

Feminist Legal Studies

Abstract

Abstract This article examines the European Union Platform Work Directive (PWD) through the lens of webcamming, a form of platformised sex work largely excluded from regulatory debates on platform labour. Drawing on legal analysis and empirical research with webcam performers and industry experts, it assesses whether the PWD addresses the unique challenges of this feminised and stigmatised sector. Performers face opaque algorithmic management, restrictive content rules and limited autonomy. The PWD’s reclassification mechanism could offer new rights, but many performers resist formal employment due to stigma, surveillance and legal risks. Even without reclassification, the Directive introduces rights around transparency, data protection and automated decision-making. However, it fails to account for the specific challenges of erotic labour, including ownership of content, discrimination and digital violence. The article argues for inclusive, evidence-based policymaking that centres sex workers’ voices and addresses the structural barriers they face in accessing labour rights.

Authors 4

  1. University of Luxembourg

    Affiliation as printed

    Faculty of Law, Economy and Finance, University of Luxembourg, Luxembourg, Luxembourg

  2. Leiden University

    Affiliation as printed

    Faculteit der Rechtsgeleerdheid, Universiteit Leiden, Leiden, The Netherlands

  3. Utrecht University · University of Amsterdam

    Affiliation as printed

    Department of Media and Culture Studies, Utrecht University, Utrecht, The Netherlands

    Faculty of Social and Behavioural Sciences, University of Amsterdam, Amsterdam, The Netherlands

  4. University of Exeter

    Affiliation as printed

    Department of Communications, Drama and Film, University of Exeter, Exeter, UK

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References 103