NDAs – the end is nigh

From 1 October 2025, a non-disclosure agreements (NDA) will no longer be a tool available for those that seek to hush victims of crime.

The draft Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025, has been laid before Parliament in exercise of the power conferred in section 17(4)(a) of the Victims and Prisoners Act 2024 (VPA 2024), which allows the Secretary of State to add to the list of permitted disclosures in section 17.

NDA’s will become void for victims of crime

Under section 17 of the VPA 2024, which comes fully into force on 1 October 2025, a provision in an agreement (such as a non-disclosure agreement) is void if it prevents a victim of crime (or a person who reasonably believes they are a victim) from making a disclosure of information to certain listed persons (including the police, qualified lawyers, regulated professionals, victim support services, regulators and the victim’s close family) for specified purposes relating to the crime.

The draft regulations also amend section 17(2) to make the following additions to the list of persons to whom disclosures are permitted:

• The Criminal Injuries Compensation Authority, for the purpose of a claim for compensation in relation to the relevant criminal conduct under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme
• A court or tribunal, for the purpose of issuing or pursuing any proceedings in relation to a decision of the Criminal Injuries Compensation Authority made in connection with a claim mentioned above
• A person authorised to receive information on behalf of either of the above, for the relevant purposes mentioned above.

The draft regulations add in definitions of the “Criminal Injuries Compensation Scheme” and “Victims of Overseas Terrorism Compensation Scheme”.

They also expand the definition of “qualified lawyer” to include a registered foreign lawyer, which is defined as a person who is registered with the Law Society under section 89 of the Courts and Legal Services Act 1990.

What business should now do with the incoming changes to NDA’s?

With recent high-profile cases involving departing employees being required to sign NDAs for various reasons, it’s important that both employers and employees are aware of the forthcoming changes. They should take steps to familiarise themselves with the new regulations ahead of their implementation on 1 October 2025.