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UK to legislate that NDAs cannot prevent reporting crimes or seeking support, prospectively only; focus on sexual harassment, with regulators urging clearer drafting and advice

Published on: 02 April 2024

Published by a Law360 reporter
Legal News
Article summary

Justice Secretary, Alex Chalk, has said the move is intended to end the 'murky world of non-disclosure agreements'

Under plans to curb misuse of NDAs, those bound by confidentiality clauses would still be free to raise alleged criminality with key professionals and crime-fighting bodies. On 28 March 2024, Alex Chalk set out an ambition to end the ‘murky world’ where such agreements are used to conceal wrongdoing, adding that the reforms will make clear in law that gagging orders cannot lawfully be wielded against victims to block justice or silence them.

  • Lawyers and the police
  • Medical practitioners and counsellors
  • Advocates and other organisations that investigate crime

The change will not bite immediately; legislation will be brought forward ‘when parliamentary time allows’, the Ministry of Justice said. The MoJ also confirmed the bill will not capture NDAs signed before it secures royal assent, leaving scope for fresh agreements to remain untouched. Disclosures constrained by an NDA will only be permitted for reporting a crime or obtaining support. Other confidential information or obligations under the...

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