From 1 October 2025, Section 17 of the Victims & Prisoners Act 2024 introduced game-changing limits on non-disclosure agreements in England & Wales.

Currently, NDAs cannot be used to legally prevent someone from reporting a crime to the police or other relevant regulatory or statutory body.

If a “protected disclosure” is made (i.e. whistleblowing), protections exist from detriments against the whistleblower, and any part of an NDA which purports to restrict the making of whistleblowing disclosure is legally invalid.

In essence, the new legislation has formalised the existing common law and extended the scope of disclosures. The conclusion is that NDAs can no longer be used to stifle victims of crime when they disclose criminal conduct to certain persons for specific purposes.

What’s new?

• Victims (or those who reasonably believe themselves to be victims) can make permitted disclosures despite an NDA’s terms. This is quite an extension of the current position since it does not require any formal investigation or conviction for a person to benefit from this right.
• Disclosures to police, lawyers, regulated professionals, victim support services, regulators and close family (for support) will now be protected.
• Disclosures intended purely to put matters into the public domain are not covered. So publicity is not a valid disclosure reason unless it is tied to alleged criminal conduct.

What should NDAs look like post-October 2025?

• Draft and revise with explicit carve-ins for permitted disclosures.
• Avoid overbroad confidentiality language.
• Regularly audit templates, including in non-employment settings.
• Watch for “creative” rewrites that may be invalid in substance.

This is not just regulatory housekeeping; it’s about ensuring victims have access to justice, support, and professional advice without being silenced by contractual form.

It will be interesting to see how this protection is implemented by companies, especially in employment settlement agreements.

If you’re involved in drafting or reviewing NDAs (in employment, dispute settlement, M&A, or any other context), now is the moment to get ahead.