New rules clarify when NDAs will be void from October 2025
From October 2025, confidentiality clauses in settlement agreements and NDAs will be void if they prevent victims of crime from making certain protected disclosures.
Background
From 1 October 2025, under the Victims and Prisoners Act 2024, any clause in a settlement agreement or NDA that tries to prevent a victim of crime, or someone who reasonably believes they are a victim, from speaking to certain individuals or bodies will be legally void. This includes disclosures to the police, legal advisers, regulators, and victim support services for purposes linked to the relevant criminal conduct.
What’s changing?
Draft regulations recently laid before Parliament expand the list of permitted disclosures. From 1 October 2025, the law will also protect disclosures made to:
- The Criminal Injuries Compensation Authority (CICA) for the purpose of claiming compensation
- A court or tribunal in connection with a CICA decision
- Anyone authorised to receive information on behalf of either of the above
In addition, the definition of "qualified lawyer" has been expanded to include registered foreign lawyers.
The government has produced guidance to help explain the changes in more detail.
Learning points for employers
Employers should review how and when they use NDAs or confidentiality clauses in settlement agreements. From October 2025, NDAs cannot prevent victims of crime from speaking up for the purposes listed in the legislation. Agreements signed on or after that date will need to reflect these legal limits, and template wording may need updating. Clear advice should be taken when preparing or reviewing any agreement involving sensitive allegations.