From the 1st of October 2025, new legislation in England and Wales will significantly restrict the use of non-disclosure agreements (NDAs) in cases involving criminal conduct. Under the changes, any NDA that attempts to prevent a victim from disclosing information to law enforcement, regulated professionals, support services, or close family members will be rendered unenforceable. This legislative shift builds on existing guidance from the EHRC, Law Society, SRA, as well as ACAS, and reflects increasing concern over the misuse of confidentiality clauses to silence victims.
The higher education sector has faced even earlier reform: from the 1st of August 2025, NDAs have been banned in cases involving allegations of sexual misconduct, harassment, or bullying by staff or students. These measures represent a broader cultural and legal shift sparked by the #MeToo movement, with the UK government signalling an openness to further restrictions. Organisations should proactively review their NDA practices to ensure compliance and align with emerging expectations around transparency and accountability.
