Changes to enforceability of non-disclosure agreements for victims of crime
Implementation date: 1 October 2025
Non-disclosure agreements will be unenforceable where they seek to prevent victims of crime from disclosing information for certain purposes, including accessing confidential advice and support.
The Victims and Prisoners Act 2024 protects disclosures made to specified bodies/groups for specified purposes. For example, disclosures about criminal conduct will be permitted where they are made to:
- the police or other prosecuting body for the purpose of investigating or prosecuting crime;
- qualified lawyers for the purpose of seeking legal advice about the criminal conduct;
- victim support services for the purpose of obtaining support in relation to the criminal conduct; and
- close family for the purpose of obtaining support in relation to the criminal conduct.
The measure covers non-disclosure agreements signed on or after 1 October 2025, including confidentiality clauses in employment contracts and settlement agreements.
The Government has published guidance about the new rules.
