Government Introduces Legislation to End NDA Misuse
Announced on October 20, 2025, by the Ministry of Justice and Minister Alex Davies-Jones MP, a significant reform to non-disclosure agreements (NDAs) aims to stop their misuse as tools to silence victims and conceal criminal activity. This legislative change is part of the broader Victims and Courts Bill, designed to restore trust in the justice system and support the government’s Plan for Change to halve violence against women and girls.
Key Changes to NDA Regulations
The amendment ensures that NDAs can no longer legally prevent victims or direct witnesses of criminal conduct—whether in or out of the workplace—from sharing their experiences. This means individuals can freely discuss their ordeals with family, friends, employers, journalists, or others without fear of legal consequences. The reform builds on the Victims and Prisoners Act 2024, which already allows victims to report crimes to the police and access legal advice and support services without breaching NDAs.
Image source: Ministry of Justice, UK Government
Supporting Victims and Enhancing Justice
Minister Alex Davies-Jones emphasized the importance of this change, stating that NDAs have too often been used to hide criminal behavior and trap victims in silence. The new legislation aims to free victims from the constraints of confidentiality clauses, enabling them to speak openly and rebuild their lives. This reform aligns with the Employment Rights Bill, which voids NDAs that silence workers about workplace harassment or discrimination.
Endorsement from Advocacy Groups
Zelda Perkins, founder of Can’t Buy My Silence UK, praised the reform, noting that it strengthens the integrity of the legal system and protects victims. She highlighted that the government’s action sends a clear message to perpetrators that their criminal behavior can no longer be hidden behind NDAs.
Broader Impact of the Victims and Courts Bill
Beyond NDA reform, the Victims and Courts Bill aims to improve victims’ experiences within the criminal justice system. It enhances the Victims’ Commissioner’s powers to hold the system accountable and provides better information about offenders’ release, further supporting victims’ rights.
Provisions for Limited Confidentiality
The legislation acknowledges that in some cases, both parties may agree to maintain confidentiality for legitimate reasons. The amendment grants the Secretary of State authority to define criteria for “excepted NDAs” in specific circumstances and to specify situations where disclosures are always permitted, even with such agreements. Existing laws, such as the Official Secrets Act 1989 and whistleblowing provisions, remain unaffected.
Additional Legislative Measures
A Statutory Instrument, laid on October 16, 2025, and awaiting debate, will expand protections under Section 17 of the Victims and Prisoners Act 2024. This will allow disclosures to the Criminal Injuries Compensation Authority, courts, tribunals, and Registered Foreign Lawyers for purposes related to criminal conduct. The amendment will eventually replace Section 17 with a stronger, clearer framework, effective from October 1, 2025.
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