UK unveils plan to crack down on misuse of NDAs

The UK government has announced plans to crack down on the misuse of non-disclosure agreements to make sure they aren’t being used to silence victims of crimes.

Non-disclosure agreements, or NDAs, are often used to protect sensitive employment or business information. But they have often been used to silence victims of crimes, preventing them from reporting suspected criminal conduct and accessing proper legal advice.

The government said today, however, it will change the law to make sure NDAs cannot be legally enforced if they prevent victims from reporting a crime, and will ensure information related to criminal conduct can be discussed with law enforcement agencies and lawyers.

It added that other parts of confidentiality agreements, including provisions in respect of commercially sensitive information or financial agreements, will retain their legal effects.

The government said that new legislation will be introduced “as soon as parliamentary time allows”.    

Commenting on the planned changes, justice secretary Alex Chalk said: “We are bringing an end to the murky world of non-disclosure agreements, which are too often used to sweep criminality under the carpet and prevent victims from accessing the advice and support they need.

“Our changes will clarify in law once and for all that these gagging orders cannot be legally enforced against victims to prevent justice from being delivered and their voices being heard.”