New legal changes will affect the use of non-disclosure agreements (NDAs) in England and Wales.
Section 17 of the Victims and Prisoners Act 2024 will give individuals who are, or reasonably believe they are, victims of crime the right to make “permitted disclosures” even if they’ve signed an NDA.
These disclosures can be made to law enforcement, lawyers, regulators, victim support services, or close family members, where the purpose is to obtain advice or support.
This means that, from October, NDAs signed on or after that date cannot prevent people from reporting or discussing criminal conduct in these contexts. Existing NDAs will not be affected.
Employers should review any confidentiality clauses in settlement agreements, contracts, or NDAs to ensure they comply with the new requirements. Access full guidance here:
