Employers should keep a clear audit trail for each Article 7 pay-information request, including when the request was received, who made it, which category of workers was used, the source data and calculation method, when the response was issued, what was provided, and any later clarification. Directive (EU) 2023/970 requires the information to be provided in writing within a reasonable period and no later than two months, but it does not set one universal EU retention period for these request files. Retention should therefore be defined under applicable national law, limitation and dispute rules, and GDPR principles such as data minimisation and storage limitation.
Jurisdiction: European Union
Record the Request Date and Intake Channel
The first record should establish when the Article 7 request was made. That date matters because the Directive requires the employer to provide the requested information within a reasonable period and in any event no later than two months from the request. A request log should therefore capture the date received, the channel used, the identity of the worker and, where relevant, whether the request came through a workers' representative or equality body. Employers should also record which team accepted the request and who became responsible for the response. This creates a reliable starting point for deadline management and reduces the risk that a request is lost between HR, payroll, compensation and legal teams.
Document the Scope of the Information Requested
Article 7 distinguishes the worker's individual pay level from the average pay levels, broken down by sex, for the relevant category of workers doing the same work or work of equal value. The employer's file should record what information the worker asked for and how the request was interpreted. If the request was ambiguous, any clarification sought from the worker should also be documented. This prevents later disagreement about whether the employer answered the actual request. It also helps the organisation distinguish an Article 7 information request from a broader grievance, equal-pay complaint, data-access request or informal question that may follow a different process under national law.
Preserve the Worker-Category Rationale
One of the most important records is the rationale for the comparison category. Article 7 requires average pay information for categories of workers performing the same work as the requester or work of equal value. Employers should therefore preserve the job architecture, evaluation criteria or other objective and gender-neutral reasoning used to identify the comparison group. A file that contains only the final average, without showing how the group was selected, can be difficult to defend if the worker later asks for clarification. The record does not need to become an unnecessary dossier, but it should be detailed enough for another qualified reviewer to understand why the chosen category was appropriate.
Keep the Source Data and Calculation Method
The response file should identify the data used to calculate the relevant average pay levels and the methodology applied. That can include the relevant pay period, pay components, worker population, sex breakdown and any exclusions or adjustments that materially affect the result. The objective is reproducibility. If a worker later says that the information is incomplete or inaccurate, Article 7 gives them the right to request reasonable clarifications and details and to receive a substantiated reply. Employers are better placed to provide that reply when the original calculation can be reconstructed from preserved source data and methodology rather than recreated from memory.
Retain the Written Response and Delivery Evidence
Because Article 7 requires workers to receive the relevant information in writing, employers should preserve the final written response and evidence of when it was sent or made available. The file should show the response date, delivery channel and the information actually provided. Where an accessible format was needed under Article 8, the employer should also record the format used without collecting unnecessary disability information. Keeping the final response prevents later uncertainty about which figures or explanations the worker received and whether the employer met the timing requirement. It also helps ensure consistency if a representative, equality body or internal reviewer later examines the same request.
Record Clarification Requests and Substantiated Replies
The process may continue after the first response. Article 7 provides that where information is inaccurate or incomplete, workers can request additional and reasonable clarifications and details and receive a substantiated reply. Employers should therefore keep the follow-up request, the questions raised, the additional analysis performed and the final explanation. This is especially important where the original worker category changes, data is corrected or a calculation is refined. The record should show why the employer maintained or changed its original position. A structured clarification log can also help identify recurring data-quality or job-classification problems that need broader remediation beyond the individual request.
Apply Privacy and Access Controls to the File
Pay-information records can contain sensitive compensation information and may include data about other workers used in the comparative analysis. Article 12 requires personal-data processing under the Directive to comply with Regulation (EU) 2016/679. Employers should therefore restrict access to people who need the information for the request process, avoid retaining unnecessary personal detail and use secure storage appropriate to compensation data. The record should preserve enough evidence to demonstrate the calculation without turning the request file into an unrestricted copy of payroll. Where disclosure could identify another worker, the additional safeguards permitted under the Directive and national implementation should also be considered.
Do Not Invent a Universal Retention Period
Directive (EU) 2023/970 does not state that every Article 7 request file must be retained for a fixed number of years. Employers should therefore avoid presenting an internal retention period as though it were a Directive rule. The appropriate period can depend on national implementing legislation, employment-record obligations, limitation periods, potential equal-pay disputes and other legal requirements. GDPR Article 5 also includes the storage-limitation principle, under which personal data should not be kept in identifiable form for longer than necessary for the purposes of processing. A defensible retention schedule should document the legal and operational reason for the chosen period and should be reviewed when national implementation changes.
Use the Record as Compliance Evidence, Not Just Administration
A well-kept request file can demonstrate more than administrative completion. It can show that the employer received the request, identified the relevant worker category, used a reproducible method, met the two-month outer limit, protected personal data and answered follow-up questions. That evidence can be useful in internal audits, investigations, worker-representative discussions and disputes. Employers should therefore define a standard case-file structure and ownership model rather than allowing each HR team to keep informal notes in different systems. The goal is a proportionate record that supports the worker's information right and allows the employer to explain what it did without retaining unnecessary information.
Frequently Asked Questions
Does the EU Pay Transparency Directive require employers to keep a log of every pay-information request?
Article 7 requires employers to provide the specified information in writing and within the required period, but it does not set out a detailed EU-wide request-log format. Keeping a structured audit trail is a practical compliance and evidence measure.
How long should pay-information request records be retained?
The Directive does not prescribe one universal retention period. Employers should determine retention under applicable national law, limitation and dispute rules, employment-record requirements and GDPR storage-limitation principles.
What should be included in the request file?
A useful file includes the request date and channel, requester details, scope of the request, worker-category rationale, source data and methodology, response date and content, clarification correspondence and relevant privacy controls.
Should employers keep individual colleague salary data in the request file?
Only where necessary and lawful. Employers should minimise personal data, restrict access and preserve enough calculation evidence to explain the response without unnecessarily retaining identifiable payroll information about other workers.
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.