Yes, but only within limits. Article 7(6) of Directive (EU) 2023/970 allows employers to require workers who obtain information under Article 7 not to use that information for purposes unrelated to exercising the right to equal pay. However, the provision expressly excludes information concerning the worker's own pay or pay level. Employers should therefore distinguish between a worker's own salary and comparative information such as sex-disaggregated average pay levels. Any restriction should also be consistent with Article 12 data-protection safeguards and the applicable national implementing law.
Jurisdiction: European Union
Article 7(6) Permits a Limited Purpose Restriction
Article 7(6) recognises that some information obtained through a pay-information request can be sensitive. It allows employers to require workers not to use information obtained under Article 7 for any purpose other than exercising the right to equal pay. This is a purpose limitation, not a general power to prevent the worker from receiving or understanding the information. Employers therefore need to separate the right of access from the later use of the information. A policy that says the worker cannot use the data at all would undermine Article 7 rather than implement Article 7(6).
The Restriction Does Not Apply to the Worker's Own Pay
The text contains an important exception. Article 7(6) excludes information concerning the worker's own pay or pay level from the permitted restriction. This aligns with Article 7(5), which protects disclosure of the worker's own pay for equal-pay enforcement. Employers should therefore avoid drafting a single confidentiality rule that treats all pay information identically. The worker's own salary, comparative average pay data and another person's identifiable payroll information involve different legal considerations and should be addressed separately in policy and training.
Comparative Information Is the Main Area for Purpose Controls
Article 7 requests can produce average pay levels broken down by sex for categories of workers performing the same work or work of equal value. That comparative information is provided so the worker can assess and enforce equal-pay rights. Article 7(6) allows the employer to keep the use of that information tied to that purpose. For example, an employer can state that the comparative information is supplied for evaluating or pursuing an equal-pay concern and should not be repurposed for unrelated commercial, publicity or personal objectives. The restriction should remain proportionate to the Directive's purpose.
A Purpose Restriction Must Not Defeat the Information Right
Employers should be cautious about turning Article 7(6) into an overly broad confidentiality undertaking. If the restriction prevents the worker from consulting a workers' representative, equality body, adviser or other person needed to exercise the equal-pay right, the policy may frustrate the very purpose for which the information was provided. The safer approach is to describe the permitted purpose clearly and preserve reasonable use connected with investigation, advice and enforcement. National law may give further detail about who can receive or process the information in an equal-pay dispute.
Data Protection Creates a Separate Safeguard Layer
Article 12 provides that personal-data processing under the Directive must comply with Regulation (EU) 2016/679. It also allows Member States to provide additional safeguards where disclosure of Article 7 information would directly or indirectly identify another worker's pay. That means purpose restrictions under Article 7(6) are only one part of the governance framework. Employers should also assess aggregation, small-group identification risk, access controls and whether representatives, labour inspectorates or equality bodies need to handle particularly sensitive data instead of the requesting worker receiving identifiable information directly.
Employers Should Draft Narrow and Explainable Rules
A defensible policy should state what information is covered, the lawful equal-pay purpose for which it is supplied, any restrictions on unrelated use and the fact that the worker's own pay is treated differently. HR teams should avoid generic wording such as all pay information is confidential because that can conflict with Article 7(5) and obscure the Article 7(6) distinction. The policy should also explain escalation routes if a worker needs to share information with a representative or equality body. Clear wording helps protect privacy without weakening the substantive information right.
Frequently Asked Questions
Can an employer require Article 7 pay information to be used only for equal-pay purposes?
Yes. Article 7(6) allows that restriction for information obtained under Article 7, except information concerning the worker's own pay or pay level.
Can the employer restrict use of my own salary information?
Not through Article 7(6). The provision expressly excludes information concerning the worker's own pay or pay level.
Does GDPR still apply to pay information?
Yes. Article 12 requires personal-data processing under the Directive to comply with Regulation (EU) 2016/679 and allows additional safeguards where other workers could be identified.
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.