IDPC official addresses Employment 360 Conference

17 March 2025

The Office of the Information and Data Protection Commissioner took part in a panel discussion as part of the Employment 360 conference organised by Fenech and Fenech Advocates and Shireburn Software.

Moderated by Dr Paul Gonzi and Ms Mikela Fenech Pace, this panel explored invaluable insights on best Legal, HR and Tech practices, which facilitates the path to compliance with the Pay Transparency Directive.

In her intervention, IDPC’s Chief Legal Counsel Dr Kathleen Xerri addressed the GDPR implications that need to be considered by employers when handling personal data in terms of the Pay Transparency Directive, in particular, when addressing requests submitted by employees to receive information in writing about the average pay levels of their colleagues.

The employers may be subject to the provisions of the GDPR when disclosing information to the requesting employees regarding average pay levels, broken down by sex, for categories of employees performing the same work or work of equal value. This is especially relevant in cases where few employees perform the same work or work of equal value, or where the workforce is small or medium-sized. In such instances, the disclosure of information pertaining to the average pay levels could lead to the disclosure of information pertaining to identifiable employees, which thereby triggers the applicability of the GDPR.