Right of Access (Pay Transparency)
EU 2023/970 Article 7 — right to pay information
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
TL;DR
The Pay Transparency right of access is the individual right of every employee to be informed of the median pay and pay range by gender for their own role and for work of equal value.
What is the Right of Access (Pay Transparency)?
Scope of the right of access:
- Own salary (always)
- Pay range of the employee's own pay grade
- Median pay by gender for work of equal value
- Promotion criteria
Deadline: response within 2 months.
Practical example
A female employee (SAP consultant, 5 years of experience) asks: 'How much do comparable male colleagues earn?' The employer must disclose the median pay — by gender — within 2 months.
Frequently asked questions
Is there a data protection conflict?
Aggregated data (median) is not personal data — the GDPR does not apply.
Fine for refusal?
Draft of the German Federal Ministry of Labour and Social Affairs (BMAS): up to EUR 50,000 per breach.