New restrictions on NDAs take effect under the Victims and Prisoners Act 2024
Provisions in non-disclosure agreements that prevent victims of criminal conduct from sharing information with certain people are now void under new legislation.
Section 17 of the Victims and Prisoners Act 2024 took effect on 1 October 2025. It makes void any clause in an agreement, such as a non-disclosure agreement (NDA), that prevents a victim of criminal conduct - or someone who reasonably believes they are a victim -from disclosing information about that conduct to specified people for defined purposes.
Permitted disclosures include sharing information with the police, qualified lawyers, regulated professionals, victim support services, regulators, and close family members. The Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025 have expanded this list.
On 2 October 2025, the Ministry of Justice published guidance for victims and individuals explaining what the new rules mean for those signing NDAs on or after 1 October 2025. It sets out what can be disclosed, to whom and for what purpose, and clarifies the circumstances in which victims will still be restricted from speaking about certain conduct. The guidance also includes a frequently asked questions section and confirms that “victims of crime” includes those who reasonably believe they are victims.
The Ministry of Justice has previously issued separate guidance for businesses on the implications of the reforms. This guidance was updated on 2 October 2025 to reflect the new law.
What this means for employers
Employers should review their NDA and confidentiality clause templates to ensure they do not inadvertently restrict the types of disclosure now permitted under section 17 and the accompanying regulations. While most employment settlement agreements already exclude disclosures to the police and legal advisers, existing drafting should be checked against the expanded list and the Ministry of Justice guidance.
Learning points for employers
Any NDA that prevents a victim from making a permitted disclosure will be unenforceable to that extent. Employers should ensure HR and legal teams are aware of the new rules and that template agreements and policies have been updated accordingly. The changes underline the government’s continued focus on transparency and accountability in workplace settlements, particularly where allegations of misconduct or criminal behaviour are involved.