We wrote previously about the new restrictions on the use of confidentiality clauses which came into force in England and Wales on 1 October 2025. The Government has now updated the non-statutory guidance for businesses and issued some additional guidance for victims and individuals.
Whilst this guidance will be useful for employers in the short to medium term, a recent announcement confirms that further changes are expected down the line so this remains an area to keep under watch.
A Reminder
Section 17 of the Victims and Prisoners Act 2024 (‘the Act’), which came into effect on 1 October 2025, will void any provision in an agreement (e.g. non-disclosure clauses and agreements, referred to here as ‘NDAs’) that seek to prevent a victim (or someone who reasonably believes they are a victim) from disclosing information about criminal conduct to certain persons, including law enforcement, lawyers and certain family members among others.
You can read our earlier update for more about what types of disclosures are covered.
New Guidance Available
The Government issued non-statutory guidance in June 2025 to help employers and business understand the changes coming in, and in particular the impact on NDAs. On 2 October 2025, the Government subsequently updated that guidance to reflect the fact that section 17 is now in force. Also on 2 October 2025, the Government published additional guidance aimed at victims and individuals who have signed an NDA. It is intended to be practical guidance to help such individuals work out when disclosures will be permitted under the Act and includes some examples.
Employers and HR practitioners may find it helpful to review these sets of non-statutory guidance to familiarise themselves with the change in law and ensure they understand the implications for their business.
You can read the full Government guidance here:
• Non-statutory guidance for businesses
• Non-statutory guidance for individuals
Further Reform Ahead
Against the backdrop of these changes, the Government has nonetheless now indicated that the section 17 changes will be a “temporary measure” only.
Reiterating its commitment to “clampdown on misuse of NDAs”, a Government amendment to the Victims and Courts Bill was announced on 21 October which, if enacted, will replace section 17 of the Act with a new provision. The replacement provision will essentially remove the requirement for disclosures to be made to certain persons in order to be permitted, therefore enabling victims of crime to share their experiences to anyone and for any purpose, even where an NDA has been signed. However, the amendment will give the Government power to set criteria for “excepted NDAs” in limited legitimate circumstances. The announcement suggests that this may include circumstances where both parties genuinely wish for confidentiality about certain details.
The Victims and Courts Bill is currently progressing through the parliamentary process and so it is not yet known when this change would take effect. Importantly, this is separate from, and in addition to, the reforms on NDAs contained in the Employment Rights Bill (see our Reform Hub for more details). However, the Government announcement suggests that this proposed change “aligns with reforms in the Employment Rights Bill, which will void NDAs designed to silence workers about work-related harassment or discrimination.”
Given the pace of developments and shifting legal and regulatory landscape to NDAs, employers should continue to keep their approach to the use of NDAs in contracts and settlement agreements under review, including ensuring that any templates include appropriate carve-outs to comply with the current law and that employer practices around NDA use are updated to reflect ongoing developments.
