The Changing Face of NDAs: What the Victims and Prisoners Act 2024 Means for Employers and Victims

Non-Disclosure Agreements (NDAs) have long been a fixture in the legal and business world. Whether signed at the start of a new job or at the end of a workplace dispute, NDAs are designed to keep certain matters confidential – often including the terms of a settlement or the circumstances leading to an employee’s departure.

In recent years, NDAs have faced growing scrutiny. High-profile stories emerging from the #MeToo movement have revealed how NDAs are sometimes misused to silence victims of harassment, assault or abuse. In response, regulators and lawmakers have increased safeguards for victims. 

The introduction of Section 17 of the Victims and Prisoners Act 2024, coming into force on 1 October 2025, will ensure stricter protections for victims of crime. 

What’s New?

Most lawyers have for some time been adapting NDA wording to reflect post-#MeToo best practices. This Act now cements those practices in law.

Section 17 of the Victim and Prisoners Act 2024 will render certain NDA clauses unenforceable if they attempt to prevent victims of crime from speaking up. 

Individuals who are victims of crimes (or who reasonably believe they are victims of crime) will be allowed to disclose information related to the relevant criminal conduct to certain individuals even if their NDA seeks to prevent them from doing so. 

Under the new law, NDAs will not be enforceable in relation to disclosure of criminal conduct to the following groups:

• Police or other bodies which investigate or prosecute crime, for investigating or prosecuting the relevant conduct
• Qualified lawyers, for seeking legal advice about the relevant conduct
• Regulated professionals (including regulated healthcare professionals), for obtaining professional support in relation to the relevant conduct
• Victim support services, for obtaining support in relation to the relevant conduct
• Regulators, for cooperating with the regulator in relation to the relevant conduct
• To a person authorised to receive information on behalf of any of the above, for the relevant purposes mentioned above
• A victim’s close family, for the purpose of obtaining support in relation to the relevant conduct

Before the Act: What protections already existed?

Prior to this Act, there were already protections in place for victims of crime. 

• • Common law stops NDAs from preventing the reporting of crime.
  • The Employment Rights Act 1996 protects whistle-blowers, making any clause that prevents a “protected disclosure” unenforceable

• SRA guidance warns lawyers not to misuse NDAs to suppress regulatory or criminal reporting.

However, the new Act extends these protections further and provides statutory clarity and consistency. 

What this means in practice?

For Employers and HR Professionals:

• Review and revise your NDA templates now. Clauses attempting to silence victims will soon be invalid and could also carry reputational risk.
• Ensure your or your clients’ internal policies reflect the upcoming changes.
• Consider training managers or legal teams to understand these limits and avoid misuse of confidentiality clauses.

For Victims and Employees:

• From October 2025, you will have clear statutory protection to seek help, report crimes, or get advice, even if your agreement says otherwise.