Employers cannot prevent workers from disclosing their own pay for the purpose of enforcing the principle of equal pay. Article 7(5) of Directive (EU) 2023/970 specifically requires Member States to put measures in place prohibiting contractual terms that restrict workers from disclosing information about their pay. That does not mean every type of compensation information can be shared without limits. Article 7(6) allows employers to restrict the use of comparative information obtained through an Article 7 request, other than information about the worker's own pay, to the exercise of the right to equal pay. National law may provide broader protections for salary discussions.
Jurisdiction: European Union
Article 7 Protects Disclosure of a Worker's Own Pay for Equal-Pay Enforcement
Article 7(5) states that workers must not be prevented from disclosing their pay for the purpose of enforcing the principle of equal pay. This protection matters because a worker may need to discuss their own compensation with a colleague, representative, equality body, adviser or another relevant person when assessing whether unequal pay exists. An employer policy should therefore not be written so broadly that workers believe they are prohibited from mentioning their own pay in every circumstance. The Directive links this protection specifically to equal-pay enforcement.
Contractual Terms Restricting Own-Pay Disclosure Are Specifically Targeted
Article 7(5) goes further than a general policy statement. It requires Member States to put measures in place prohibiting contractual terms that restrict workers from disclosing information about their pay. Employers should therefore review employment contracts, confidentiality clauses, handbooks and codes of conduct for language that could be read as banning a worker from disclosing their own pay when exercising equal-pay rights. A clause can create risk even if the organisation rarely enforces it, because the wording itself may discourage workers from using a protected transparency right.
The Directive Does Not Create an Unlimited Right to Disclose Every Pay Record
The protection should not be overstated. Article 7(5) concerns workers disclosing their pay for equal-pay enforcement. It does not create a general entitlement to publish payroll databases, share another worker's personal compensation data or disregard data-protection obligations. Article 12 requires personal-data processing under the Directive to comply with Regulation (EU) 2016/679. Employers can therefore distinguish between a worker discussing their own pay and disclosure of information about identifiable colleagues that is protected by privacy rules or obtained through restricted access channels.
Comparative Information Obtained Under Article 7 Has a Separate Use Rule
Article 7(6) allows employers to require workers who obtain information under Article 7, other than information concerning their own pay or pay level, not to use that information for purposes other than exercising the right to equal pay. This is an important distinction. The Directive protects the worker's ability to disclose their own pay for equal-pay enforcement while allowing proportionate limits on how comparative information received through the formal request process is used. Policies should separate these two situations rather than treating all pay information as one category of confidential data.
Managers and HR Teams Need Clear Guidance
A policy change is not effective if managers continue telling workers that salaries may never be discussed. Employers should train HR and line managers on the distinction between protected own-pay disclosure, Article 7 comparative information and another person's confidential payroll data. Managers should know when to refer a question to HR or legal rather than improvising a confidentiality instruction. Consistent guidance reduces the risk that an otherwise compliant written policy is undermined by informal workplace messages that discourage workers from exercising equal-pay rights.
National Law May Protect Pay Discussions More Broadly
Directive (EU) 2023/970 sets minimum EU requirements, but Member States can provide more favourable protections. National employment law, equality law, whistleblowing rules, collective agreements or other worker-protection measures may permit broader salary discussions than the minimum language of Article 7(5). Employers operating across several countries should therefore avoid creating one restrictive group policy based only on the Directive's minimum wording. Local legal review should identify where workers have broader rights to discuss compensation or where retaliation protections apply independently of the Directive.
Review Confidentiality Language With Equal-Pay Rights in Mind
A practical policy review should identify clauses covering salary, compensation, payroll information, business confidentiality and personal data. The employer can then separate legitimate protections from wording that could suppress equal-pay enforcement. Clauses protecting another worker's personal information or confidential business material can remain important, but they should not be drafted as a blanket prohibition on workers discussing their own pay. Clear wording helps workers understand both sides of the framework: they can use their own pay information to exercise equal-pay rights, while other personal data and formally obtained comparative information may still be subject to lawful safeguards.
Frequently Asked Questions
Can an employer ban a worker from disclosing their own pay?
Not where the disclosure is for the purpose of enforcing the principle of equal pay. Article 7(5) requires Member States to prohibit contractual terms that restrict such disclosure.
Does the Directive allow workers to share another employee's salary?
The Directive does not create an unlimited right to disclose another worker's personal compensation information. Data-protection safeguards continue to apply.
Can employers restrict the use of comparative pay information received through Article 7?
Yes. Article 7(6) allows employers to require that comparative information other than the worker's own pay be used only for exercising the right to equal pay.
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.