The Salary Discussion That’s Illegal in 7 EU Countries

So here is the one line that keeps surprising American job seekers: in parts of Europe, the question “What did you make at your last job?” can be unlawful. Not awkward. Unlawful. Recruiters are being told to stop asking it, job ads must show pay up front in many places, and employees are gaining the right to talk about compensation without punishment. If you are negotiating in the EU in late 2025 and you still lead with salary history, you look out of date.

Where was I. Right, the map. The short version is this: the EU’s 2023 Pay Transparency Directive requires all 27 member states to ban salary-history questions and pay-secrecy clauses by 7 June 2026. Several countries moved early, a few have already put parts into law, and others published draft bills that explicitly outlaw the question. As of today, Malta and Poland have enacted implementing laws, Czechia has already banned pay-secrecy clauses as a first step, and Finland, Ireland, Lithuania, the Netherlands, and Sweden have published draft bills that include a ban on asking about prior pay. That is your “seven” in practice this year: two enforceable, one partial in force, four with live draft bans. The train is moving either way.

Before we go into scripts, here is the most important mindset shift: European hiring is switching from “anchor on your past” to “price the role and prove equity.” Basing your offer on someone’s previous salary is precisely the behavior lawmakers want to end.

What exactly is illegal or soon will be

Let’s be very clear so you do not step on a rake during a call.

• The salary-history question
  The Directive requires a ban on asking a candidate about current or past pay. Member states that are implementing now copy that language into their laws. Result: if you ask “What do you make today” in a compliant country, you are breaching the rule. Employers must price the role and state a range before or by the first interview.
• Pay-secrecy clauses
  Clauses that forbid employees from discussing pay with colleagues are being explicitly invalidated. Example: a June 2025 Czech amendment made it illegal to restrict employees from handling or sharing salary information. Several other countries are writing the same sentence into national law. Remember: workers can ask for average pay by band or comparable role.
• Upfront ranges
  The Directive requires salary ranges disclosed either in job postings or before interviews start. Consilium and Commission briefings spell this out and tie it to penalties for non-compliance. Bottom line: candidates should not need a third round to learn the money.

If you want the spirit of the law in one line: stop dragging yesterday’s pay into today’s offer.

Where the seven come from, country by country

You want receipts. Here they are, tidy and brief.

• Malta
  Implementing legislation is in effect that tracks the Directive’s recruitment rules, including no salary-history questions and transparency duties.
• Poland
  Parliament passed an implementing bill with the recruitment-stage transparency pieces set to take effect by the end of 2025, including ban on salary-history questions.
• Czechia
  The “flexi-amendment” effective 1 June 2025 banned pay-secrecy clauses outright, and broader transposition is queued. The ban on secrecy is already live.
• Finland
  Government draft law published May 2025 includes recruitment transparency and aligns with the Directive’s ban on salary-history questions. Draft now, binding by 2026.
• Ireland
  Equality Bill 2025 aligns with the Directive, adding salary-range duties and moving toward the history-question ban in recruitment.
• Lithuania
  Draft law from May 2025 includes right to pay info and ban on salary-history questions. Again, draft but explicit.
• Netherlands
  Draft legislation published March 2025 amends existing equality law to mirror no salary-history questions and range disclosure.
• Sweden
  Government has published draft transposition; media coverage frames it as ending secrecy and bringing salary ranges and history bans into Swedish practice.

If you work in France, Germany, or Spain: full national bills are still in process right now, but Brussels’ clock is ticking, and the EU-level rule already says salary-history questions must go. Smart teams are acting as if the ban is in force to avoid rewrites next year.

The American habit that is a legal hazard here

Two things slip out of U.S. mouths during European calls:

1. “What are you on now so I can make this fair.”
   In an EU context, this can be a prohibited question or, at minimum, a red flag. Ask for expectations or confirm the posted range instead. Remember: fairness is priced to the role, not to your last W-2.
2. “We keep comp private, do not discuss pay internally.”
   That is precisely the clause countries are scrubbing from handbooks. In some jurisdictions, it is already unenforceable.

You do not need to love this. You need to stop creating evidence against yourself.

What to say now, instead of the illegal question

Use lines that work in Paris, Lisbon, Amsterdam, or Stockholm without causing headaches.

• Recruiter to candidate
  “For this role the budgeted range is €64,000 to €72,000 base plus standard benefits. Does that align with your expectations so we do not waste your time”
  You disclosed a range, you asked for expectations, you did not ask history. Compliant tone.
• Candidate to recruiter
  “I am targeting €70,000 to €75,000 total for this scope. Can we confirm the band and progression path before final interviews”
  You protect yourself and keep the conversation in the lane the law expects.
• Hiring manager inside the company
  “We set pay using our banding and leveling framework. Remove salary-history fields from the form and add a required range field to the req.”
  Say it. Then do it.

If someone still asks for your past salary in a country that bans it, you can answer with expectations or point to the posting: “I prefer to discuss the range for this role. The advert lists €64–€72k. I would accept €70k with the standard package.” That is polite and on-side.

Why Europe is doing this and why it will not roll back

The math is simple. When an employer anchors offers to past pay, groups who were underpaid stay underpaid. The Directive attacks the anchor by forcing upfront ranges, banning history questions, and giving workers access to average pay and criteria. Enforcement relies on complaints, audits, and fines. Several large economies still need to pass their bills, but cross-border employers are already shifting to a one policy for Europe approach because it is cheaper than arguing with 27 labor inspectorates.

If you want a quiet business reason: range-first hiring shortens cycles. People stop ghosting when money is clear. Reuters noted this year that pay disclosure is rising across Europe even before the laws land. Culture catches up fast when candidates choose transparency.

How this changes your negotiation playbook this winter

For candidates

• Read the ad. If there is no range in the post, ask for it before a first interview. The Directive allows disclosure either in the ad or before interviews, so this is normal. Use the phrase: “Can you share the budgeted band so we can check alignment.”
• Answer expectations, decline history. Keep a single sentence ready: “I target €X–€Y for this scope.”
• Ask for the criteria that move you through the band. “What are the skills and outputs tied to the next step in the band”
• If a recruiter insists on history in a banned country, you can note compliance without drama: “My understanding is that history isn’t requested under the new rules. I am happy to discuss the band.”

For employers

• Remove salary-history fields from ATS forms in the EU. Replace with an “expectations” field and a required band on every requisition.
• Put the range in the advert or in the first message to candidates. Decide one approach and stick to it.
• Update your handbook to delete pay-secrecy language. Add a short sentence protecting employees’ right to discuss pay. Czechia is already there on secrecy, more countries are close.
• Train interviewers in one meeting. Give them two legal prompts, forbid two legacy questions, move on.

Remember: if you hire across borders, the strictest rule wins. It saves time and legal budget.

The risky edge cases Americans miss

• “We only asked the agency.”
  If your third-party recruiter asks for salary history on your behalf in an EU country that bans it, you still own the risk. Train them.
• “We asked for payslips to verify level.”
  That is just history by another name. Use a structured leveling rubric and past scope of responsibility, not payslips.
• “We keep comp confidential by policy.”
  You can protect client rates and trade secrets, but you cannot gag employees from discussing their own pay in countries that have adopted the secrecy ban. In Czechia that is live already.
• “We are in Germany, they have not passed it yet.”
  The Commission and Council have already set the EU-level rule. Germany, France, Spain will transpose by June 2026. Act early and you will not need to retrofit.

Where ranges actually sit this year, quick reality check

Transparency does not guarantee big numbers. It guarantees clarity.

• In tech hubs, senior IC roles still show €70,000 to €95,000 in Southern Europe and €85,000 to €120,000 in parts of the Netherlands.
• In consulting and finance, bands are wide and variable, but advertised base often arrives earlier in the process than in 2023.
• Public sector and unionized roles keep fixed tables, and the new rules make that table visible sooner.

The point is not to quote a perfect band. It is to stop hiding it.

Scripts you can lift without sounding robotic

Keep these inside your emails and calls. No separate “script” block needed in your doc stack.

• Candidate email before first call
  “Thanks for the invite. To respect the new transparency rules, could you confirm the budgeted salary band and benefits before we schedule. My expectation for this scope is €68–€72k total.”
• Recruiter opening line
  “This role is graded at L5 with a budgeted €64–€72k base. The interview plan is two conversations. Any expectation we should flag before we proceed”
• Hiring manager reply when asked for history
  “We do not collect salary history in our EU process. If helpful, share your target range and we will confirm whether the band can meet it.”
• Internal note to legal or HR
  “Please confirm that our template contracts remove any pay-secrecy wording in Czechia now and queue the same change EU-wide in Q1.”

Short, polite, compliant.

Frequently asked by Americans in EU interviews

Can I volunteer my salary history if I think it helps me
Yes, you can voluntarily share expectations or past numbers. The rule targets employer questions, not your speech. In practice, expectations beat history.

Do I have to reveal variable comp
No. You can state total target and split if asked: “I target €75k total with €70k base and standard bonus.”

What if they refuse to give a range
You can pause. “Happy to continue once the band is confirmed. The Directive requires disclosure before interviews.” If they still resist, walk.

Will these laws really stick
Yes. Parliament and Council adopted the Directive in 2023, and multiple states already moved. The deadline is June 2026. The trend is not reversing.

Open your job ad template and add a single line: “Salary range €X–€Y, disclosed before first interview.” Then delete the salary-history field in your EU application form and tell your recruiters to ask expectations, not history. If you are the candidate, anchor to the band, not your past. This is the European way the law is enforcing now, and you will negotiate better once you stop dragging yesterday’s paycheck into today’s role.