Government plans to extend ban on NDAs for victims of crime
The government has announced plans to further strengthen protections for victims by extending the circumstances in which non-disclosure agreements (NDAs) will be unenforceable.
Background
Section 17 of the Victims and Prisoners Act 2024, in force since 1 October 2025, already makes NDAs unenforceable if they stop a victim, or someone who reasonably believes they are a victim, from reporting a crime or seeking advice or support. This includes disclosures to the police, lawyers, regulators and victim support services.
Planned change
A recently-tabled government amendment to the Victims and Courts Bill would go further. It would make any clause void if it prevents a victim from speaking about criminal conduct, or about how another party to the agreement responded to it. Importantly, it would remove the current limits on who the disclosure can be made to. Victims would be able to speak to anyone, including family, employers, journalists or the public, without fear of legal action.
Exceptions and alignment with employment reforms
There will be a small number of exceptions, known as “excepted agreements”, for situations where confidentiality is genuinely required. These will be set out in future regulations and are expected to align with the NDA provisions in the Employment Rights Bill, which addresses NDAs used in cases of workplace harassment or discrimination. Separate exemptions will apply for national security and Crown-related matters.
Next steps
The amendment was introduced during the Commons Report Stage of the Victims and Courts Bill on 27 October 2025 and will be considered by the House of Lords before becoming law. Secondary legislation will later define the scope of any exceptions.
What this means for employers
Employers are already required to comply with section 17 of the Victims and Prisoners Act 2024, which makes certain confidentiality provisions unenforceable where they restrict victims from reporting or discussing criminal conduct. Once the proposed amendment and the NDA provisions under the Employment Rights Bill come into force, further updates to template wording may be necessary. For now, no immediate action is required, but this is an area where we will continue to monitor and report on developments.