NDAs can be standalone agreements, or they can also be confidentiality clauses in employment contracts or they can form part of the terms of a settlement agreement. In England and Wales, from 1 October 2025, provisions in NDAs will be void and unenforceable against victims of crime (or those who reasonably believe they are a victim of crime) to the extent that they prevent them from making a disclosure of information about the crime to the following groups and for the following purposes relating to the crime:

• the police or other bodies which investigate or prosecute crime, for investigating or prosecuting the crime
• qualified lawyers, for seeking legal advice about the crime
• regulated professionals (including regulated healthcare professionals), for obtaining professional support in relation to the crime
• victim support services, for obtaining support in relation to the crime
• regulators, for co-operating with the regulator in relation to the crime
• the Criminal Injuries Compensation Authority (CICA), for claiming compensation in relation to the crime under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme
• a court or tribunal, for issuing or pursuing any proceedings in relation to a decision of CICA
• a person authorised to receive information on behalf of any of the above, for the relevant purpose mentioned above
• the victim’s child, parent or partner, for obtaining support in relation to the crime.

This will only apply to NDAs signed on or after 1 October 2025. Any signed before that date will remain subject to current rules, such as whistleblowing laws, which will continue to apply. The government has issued guidance on these changes to NDAs and this is worth reading.

You should update the wording in template confidentiality clauses and settlement agreements to comply with these changes, e.g. by making clear on the face of the clause/agreement what the employee is able to disclose in particular circumstances.