The European Commission issued guidance in August 2026 on the European Union’s Pay Transparency Directive (2023/970) that clarifies certain definitions and obligations, but leaves other employer responsibilities ambiguous or unaddressed.

Quick Hits

• The European Commission issued guidance in August 2026 that clarifies some aspects of the EU Pay Transparency Directive, but leaves many questions unanswered.
• The guidance confirms that the directive applies to public- and private-sector employers, and that pay information does not have to be provided in job advertisements, but must be provided before a job interview.
• The guidance outlines the four key characteristics to determine equal value, and notes that others may be permissible but does not provide examples.

What Does the Guidance Confirm?

The guidance, issued in the form of frequently asked questions (FAQs), confirms that the directive’s scope applies broadly. It states that the directive applies to employers in both public and private sectors including those covered by collective agreements. It also confirms that the directive does not apply to genuinely self-employed workers and that pay information does not have to be provided in job advertisements, rather it must be provided before a job interview. This is of course, subject to implementation of the directive at a national level which may mandate that the information must be in a job posting as has been seen from some member states such as Italy.

The FAQs also...

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