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NDAs after the Victims and Courts Act 2026: voiding clauses that restrict disclosures of criminal conduct or responses, interaction with the iniquity rule, and drafting steps for commercial agreements

Section 6 of the Victims and Prisoners Act 2024 supersedes VPA 2024, s 17, scrapping the prior constraint that protected disclosures had to be made to particular recipients for specified purposes. Any term in any agreement, including commercial non-disclosure agreements (NDAs), is void to the extent it seeks to stop a victim, or someone who reasonably believes they are a victim, from revealing relevant criminal conduct-or the counterparty’s reaction to it-to anyone, for any purpose. The new provision binds the Crown, subject only to a tightly drawn national security exception. This analysis examines how these reforms align with existing common law limits on confidentiality and their consequences for standard commercial NDA templates. It is written by Richard Hanstock, a barrister at Cornerstone Barristers and the founder of Deeptech Legal, an SRA-authorised firm specialising in cybersecurity, artificial intelligence, defence technology and national security...

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NEWS
UK information law weekly: rising cyber security threats, UK-Australia AI safety MoU, ICO confiscation order for unauthorised data access, and updates on deepfakes, direct marketing and PECR breach notification

In this issue: Cybersecurity Data protection Daily and weekly news alerts New and updated content Cybersecurity DSIT publishes speech by Digital Minister on rising cyber security threats The Department for Science, Innovation and Technology (DSIT) has released a speech delivered by the Digital Minister, Liz Lloyd, at the New Statesman Security and Resilience Conference on 5 May 2026, in which she characterised cyber security as ‘foundational’ to national security, economic resilience and business growth in a world facing growing instability. The minister cautioned that cyber threats are increasing in frequency, disruption and cost: 43% of businesses reported a cyber breach or attack in the past 12 months, rising to 69% among large organisations, while 29% encountered assaults at least weekly......

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NEWS
UK-Australia AISI Memorandum of Understanding on AI security: information-sharing, joint research, evaluation standards and cyber-attack risk mitigation

The Department for Science, Innovation and Technology (DSIT) stated that the UK AI Security Institute (AISI), together with the Australian AISI, has agreed a memorandum of understanding aimed at bolstering co-operation regarding AI safety and security risks......

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NEWS
Information law weekly update: EDPB DPIA template, EU age-verification app, EHDS consultation, EDPB 2025 report and UK DSIT enterprise connected device security (16 April 2026)

In this issue: Data protection Cybersecurity Daily and weekly news alerts New and updated content Data protection EDPB unveils DPIA template to bolster uniformity in GDPR compliance workflows The European Data Protection Board (EDPB) has approved a template for Data Protection Impact Assessments (DPIAs), seeking to simplify adherence to the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), and to improve consistency and alignment across Europe. The template is designed to help organisations structure, harmonise, substantiate and evidence their DPIA reporting processes, and is accompanied by an explainer document intended to support its practical use. The template is open for public consultation until 9 June 2026. See: LNB News 15/04/2026 22. Commission to launch EU age-verification app The European Commission has announced and confirmed that its EU age verification app is technically ready and complete, and will soon be made available for citizens to use when accessing online...

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Data protection in specific activities—overview

This subtopic focuses on adherence to the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), and the Data Protection Act 2018 (DPA 2018) in the context of particular organisational activities. For a general introduction to the data protection framework-covering the principles, the UK GDPR’s ‘assimilated law’ position, legislative terminology, territorial reach, applicability and exemptions-see: Data protection regime-overview and its related subtopic.

For further guidance on the following cross-cutting areas under the UK GDPR, consult the relevant overview and its associated subtopic:

  • Accountability, governance and compliance-overview
  • Rights of data subjects-overview
  • Transparency and privacy policies and notices-overview
  • Data sharing and transactions-overview
  • International transfers-overview
  • Data breaches, sanctions and enforcement-overview

For a collection bringing together key practical guidance, see: UK data protection law collection.

Subjects covered in this subtopic include:

Artificial intelligence

  • Artificial intelligence-data protection
  • Artificial intelligence (AI) resource kit
  • Artificial intelligence-explainability

Autonomous and connected vehicles

See Practice Note: Autonomous and...

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