Jurisdiction(s):
United Kingdom

NDAs after the UK Victims and Prisoners Act 2024: permitted victim disclosures, SRA/FCA scrutiny and practical drafting guidance

Published on: 20 June 2024

Published by a Law360 reporter

Legal News

Article summary

When it takes effect, section 17 of the Act will render void any clause that seeks to bar a victim from sharing information about criminal conduct with law enforcement, professional advisers, regulators, or close family members. The measure was expedited ahead of Parliament’s dissolution on 30 May 2024, following a Ministry of Justice announcement on 28 March 2024 targeting the misuse of nondisclosure agreements (NDAs). It coincides with intensifying regulatory and political attention on how NDAs are employed. Below, we outline the key context and emphasise that anyone drafting or relying on NDAs should evaluate their suitability and reach on a case-by-case basis.

Increased scrutiny on NDAs

There are numerous proper purposes for NDAs, such as safeguarding commercial, sensitive, or confidential material that is being shared. NDAs have also traditionally been included in settlement agreements connected to the ending of employment for a range of reasons. In the past few years, however, their deployment has been heavily questioned in relation to claims featuring allegations of sexual misconduct, harassment, or discrimination. That scrutiny has prompted legislators and regulators to pursue reform...

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