Right of Access (Pay Transparency)

EU 2023/970 Art. 7 — the right to pay information

26 April 2026 · Category: AGG · Compliance-Kit

TL;DR

The Pay Transparency right of access is the individual right of every employee to be informed of their own pay level and of the average pay levels by gender for the same work or work of equal value (Art. 7 Directive (EU) 2023/970); it binds employers only through national implementing law.

What is the right of access (Pay Transparency)?

What the right of access covers:

Your own pay (always)
Average pay levels, broken down by gender, for categories of workers performing the same work or work of equal value (Art. 7(1))
Criteria for pay and pay progression: the employer already has to make these easily accessible under Art. 6(1)

Deadline: a response within 2 months (Art. 7(4)); until transposition, the EntgTranspG procedure applies in Germany — for employers not bound by or applying collective agreements, three months (§ 15(3) EntgTranspG).

The legal position in Germany and Austria

The basis is the Pay Transparency Directive (Directive (EU) 2023/970), Art. 7. It applies equally in both countries: employees may request, and receive in writing, information on their individual pay and on average pay levels broken down by gender for the same work or work of equal value; the employer must respond within two months. How the right is framed in detail, however, depends on the respective national implementing law.

Germany

The individual right of access arises from the German Pay Transparency Act (EntgTranspG, §§ 10 to 12). It applies in establishments with, as a rule, more than 200 employees. Employees may request, in text form, information on the average monthly comparative pay (the statistical median) for a named comparable role and on up to two pay components. The comparative pay is not stated where the comparable role is performed by fewer than six employees of the other gender. No act transposing the directive was in place as at 17 August 2026 (BT-Drs. 21/7026); until then, the right applies as framed in the EntgTranspG.

Austria

Directive 2023/970 also applies in Austria and had to be transposed into national law by 7 June 2026; no Austrian implementing act was in place as at 17 August 2026. In Austria, the individual right of access is governed by the Austrian implementing law and not by the German EntgTranspG. Germany-specific details — such as the threshold of 200 employees — cannot be transferred to Austria.

Practical example

An employee (an SAP consultant with 5 years' experience) asks: 'How much do comparable male colleagues earn?' Under Art. 7 of the directive, the employer states within 2 months her own pay level and the average pay levels of her comparator group — by gender. Until transposition, the answer in Germany follows the EntgTranspG (see above).

Frequently asked questions

A conflict with data protection?

Where the information involves personal data, the GDPR applies (Art. 12(1) Directive (EU) 2023/970); the data may be used only for applying the principle of equal pay (Art. 12(2)). In small comparator groups, an average can allow conclusions about individuals — which is why the EntgTranspG does not state the comparative pay where fewer than six employees of the other gender perform the comparable role.

A fine for refusing?

The directive sets no amounts: Member States must lay down effective, proportionate and dissuasive penalties, including fines (Art. 23). The specific amounts are only set by the respective national implementing act — in Germany and Austria this was still outstanding as at 17 August 2026.