Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Non-disclosure definition

What does Non-disclosure mean? In insurance practice, non-disclosure is the insured’s failure to share a material fact before inception, renewal or variation that would have influenced the insurer’s assessment of the risk, the policy terms or the premium. The expression is descriptive rather than a defined term; the applicable duties and remedies arise from legislation and case law. In England & Wales, Scotland and Northern Ireland, consumer insurance is governed by the Consumer Insurance (Disclosure and Representations) Act 2012: there is no general duty to volunteer information; the consumer must take reasonable care not to misrepresent when answering the insurer’s questions. For...

Employment NDAs in contracts and settlements: legal limits, whistleblowing carve-outs, VPA 2024, and regulatory and sector-specific guidance with practical drafting tips

Published by a LexisNexis Employment expert

Practice notes

Non-disclosure agreements (NDAs), or Confidentiality clauses

Non-disclosure agreements (NDAs), also called confidentiality clauses, are contract terms designed to prevent the unauthorised sharing of information.

Such provisions:

are routinely used in agreements resolving employment Disputes or bringing employment to an end, helping party achieve a clean break, for both sides to move forward (for more detail, see Practice Note: Settlement agreements in employment—practical and tax issues, and in particular the main section: Confidentiality, non-disclosure and whistleblowing)
may likewise appear in employment contracts, e.g. to safeguard commercially sensitive material and data (for further information, see: The legal considerations below and Practice Note: Restrictions and other express terms during employment—Disclosure of confidential information during employment)

Within this Practice Note, references to a confidentiality term or NDA cover a stand-alone NDA, as well as a secrecy or confidentiality clause in an employment contract, settlement agreement, or employment-related agreement.

From 2017, the deployment of NDAs and confidentiality clauses faced heightened scrutiny following several high-profile matters (including allegations concerning Harvey Weinstein and Sir Philip Green), notably due to serious concerns about their capacity to ‘gag’ individuals who had suffered sexual harassment or comparable misconduct at the time...

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Web page updated on 21/05/2026

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