Yes, workers cannot be prevented from disclosing their own pay when the disclosure is for the purpose of enforcing the principle of equal pay under Article 7(5) of Directive (EU) 2023/970. Member States must prohibit contractual terms that restrict workers from disclosing information about their own pay for that purpose. The Directive also makes a clear distinction between a worker's own pay and comparative information obtained through an Article 7 request. Employers may impose purpose restrictions on certain comparative information, but Article 7(6) excludes information concerning the worker's own pay or pay level from that restriction.
Jurisdiction: European Union
Workers Can Disclose Their Own Pay for Equal-Pay Enforcement
Article 7(5) creates a clear protection for workers who disclose their own pay for the purpose of enforcing the principle of equal pay. The provision matters because unequal-pay concerns can be difficult to identify if workers are unable to discuss the compensation they personally receive. The Directive therefore prevents employers from using contractual restrictions to shut down that form of transparency. A worker may need to disclose their pay to a colleague, representative, equality body, adviser or other appropriate person when trying to understand whether a potential equal-pay problem exists.
The Protection Covers the Worker's Own Pay or Pay Level
The Directive repeatedly distinguishes between information about the worker's own pay and information about other workers or comparison groups. That distinction becomes especially important in Article 7(6), which allows employers to place purpose restrictions on some information obtained through Article 7 but expressly excludes information concerning the worker's own pay or pay level. Employers should therefore avoid policies that treat a worker's own salary as if it were merely company-confidential data that the employer can control in the same way as payroll files containing information about other people.
Employment Contracts Cannot Remove the Protection
Article 7(5) requires Member States to put measures in place prohibiting contractual terms that restrict workers from disclosing information about their pay for equal-pay enforcement. That means a signed confidentiality clause should not be treated as automatically overriding the worker's statutory protection. Employers should review old contracts, non-disclosure wording and bonus arrangements for broad salary-confidentiality language. Where local implementing law gives effect to the Directive, those documents need to be read and, where necessary, revised so they do not deter workers from exercising protected equal-pay rights.
Sharing Own Pay Is Not the Same as Sharing Someone Else's Pay
The right to disclose one's own salary should not be confused with a right to disclose another worker's personal pay data. Article 7 gives workers access to their own pay level and sex-disaggregated average pay levels for relevant categories, while Article 12 imposes data-protection safeguards. A worker may know their own salary because it is their personal information. By contrast, individual payroll data relating to another worker can engage confidentiality and data-protection rules. Employers should explain this distinction clearly rather than using privacy concerns as a reason to silence lawful discussion of a worker's own pay.
Policies and Manager Behaviour Should Match the Legal Rule
A written policy can be formally compliant while workplace practice still discourages pay disclosure. Managers may tell workers that discussing salary is disloyal, unprofessional or a disciplinary matter. Employers should therefore train managers and HR teams on the Article 7 distinction and remove blanket statements that imply salary discussion is always prohibited. Complaint and disciplinary processes should also be reviewed so that protected disclosure of the worker's own pay is not misclassified as a confidentiality breach. The practical objective is to ensure the worker can exercise the right without facing an internal rule that contradicts it.
National Law May Provide Broader Rights
The Directive creates an EU minimum focused on equal-pay enforcement, but national law may go further. Some Member States may combine implementation with existing rules on worker representation, anti-retaliation, collective rights or salary discussion. Employers operating across several countries should therefore avoid assuming that the narrowest EU-level formulation defines the full local right. A group policy can safely recognise the Article 7 protection as a baseline while allowing local supplements where national law protects a broader range of pay discussions or disclosures.
Frequently Asked Questions
Can I tell a colleague what I earn?
Under Article 7(5), a worker cannot be prevented from disclosing their own pay for the purpose of enforcing equal pay. National law may provide broader protection.
Can my contract say my salary is confidential?
A contractual term cannot lawfully block disclosure of your own pay for equal-pay enforcement where national law implements Article 7(5) as required.
Can I share another employee's individual salary?
That is a different issue. Other workers' individual pay can engage data-protection and confidentiality rules, while Article 7 comparative rights are generally structured around averages rather than named individual salaries.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.