From 1 October 2025 non-disclosure agreements (NDAs) will become unenforceable if they prevent victims of crime from making certain disclosures.
What is the new law?
NDAs can be standalone agreements, contained in employment contracts or they can form part of the terms of a settlement agreement. In fact they are almost always contained in settlements agreements as part of the “clean break” desired by the parties.
They have before now been an extremely common and important part of any negotiated settlement agreement on the exit of an employee and have also become increasingly common in contracts of employment.
In England and Wales, from 1 October 2025, provisions in NDAs will be void and unenforceable against victims of crime (or those who reasonably believe they are a victim of crime) to the extent that they prevent them from making a disclosure of information about the crime to the following groups and for the following purposes relating to the crime:
- the police or other bodies which investigate or prosecute crime, for investigating or prosecuting the crime
- qualified lawyers, for seeking legal advice about the crime
- regulated professionals (including regulated healthcare professionals), for obtaining professional support in relation to the crime
- victim support services, for obtaining support in relation to the crime
- regulators, for co-operating with the regulator in relation to the crime
- the Criminal Injuries Compensation Authority (CICA), for claiming compensation in relation to the crime under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme
- a court or tribunal, for issuing or pursuing any proceedings in relation to a decision of CICA
- a person authorised to receive information on behalf of any of the above, for the relevant purpose mentioned above
- the victim’s child, parent or partner, for obtaining support in relation to the crime.
This will only apply to NDAs signed on or after 1 October 2025. Any signed before that date will remain subject to current rules, such as whistleblowing laws, which will continue to apply.
The government has issued guidance on these changes, and others, to NDAs.
The government issued a further update on 8 July 2025 specifically referring to NDA’s as they relate to allegations of harassment or abuse and announcing a ban unless an employee, of their own volition, wishes to include an NDA in a settlement or agreement, in which case it will be still be permitted. More details on this further development will follow.
Employers should update now the wording in confidentiality agreements, clauses in contracts of employment and settlement agreements to comply with these changes, e.g. by making clear on the face of the clause/agreement what the employee is able to disclose in particular circumstances.
Contact us if you need advice on the changes or any other employment law matter, we are here to help.
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