Disclosure of Information
The question
To ask the Secretary of State for Justice, whether forthcoming legislative proposals on the use of non-disclosure agreements would apply retrospectively.
Answered by Sarah Sackman
Victims are always able to report crimes to the police under the common law, even if their Non-Disclosure Agreement (NDA) suggests otherwise and irrespective of when the NDA was entered into. However, since 1 October 2025, section 17 of the Victims and Prisoners Act 2024 allows individuals who are victims of crime, or reasonably believe they are, to share information with specified parties for certain purposes related to the criminal conduct, even if their NDA appears to preclude them from doing so. Additionally, clause 24 of the Employment Rights Bill will void any provision in an agreement between a worker and their employer to the extent that it seeks to prevent a worker from speaking out about relevant harassment and discrimination, unless conditions for an “excepted agreement” to be set in regulations are met. This measure is not yet in force and is subject to the Bill gaining Royal Assent.
Neither of these initiatives would apply retrospectively. They would not apply to NDAs entered into before the date on which the relevant legislation comes into force. This is in line with the rule of law principle that policy changes generally apply prospectively, to provide certainty for individuals and businesses about the rules governing their conduct.
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