NDAs can sometimes be used to discourage people from talking about what they’ve been through, even when it involves criminal behaviour. From 1 October 2025, that changed. 

Any NDA signed on or after this date cannot stop someone from sharing their experience of a crime, if they’re doing it to get help, advice, or to report the crime. These protected disclosures are known as “Permitted Disclosures.” 

This applies across all sectors, including film, TV, music, and the arts. Whether you're a production company, agency, or freelancer using NDAs, the same rules will apply. 

• Production companies, studios, or agencies in England or Wales 

• Employers or producers using NDAs in employment, casting, or settlement agreements 

• Anyone using confidentiality agreements to manage sensitive information 

From 1 October 2025, if someone signs an NDA because of a job offer, dispute, or settlement, they can still talk about the criminal conduct they experienced, if it’s for one of the approved reasons below. 

NDAs cannot legally prevent someone from speaking about: 

1. Reporting the crime to the police or other investigative bodies 

2. Getting legal advice from a qualified lawyer 

3. Accessing help from regulated professionals (e.g. therapists, healthcare workers, social workers) 

4. Speaking to victim support services (like Rape Crisis or other advocacy services) 

5. Cooperating with professional regulators (e.g. if reporting a crime committed by a solicitor or healthcare professional) 

6. Communicating through authorised intermediaries like interpreters 

7. Talking to close family (partner, parent, or child) for emotional support 

These are called Permitted Disclosures, and any attempt to block them in a contract will have no legal effect. 

Victims still can’t break confidentiality to: 

• Publicly share or publish the details, including through media or social media, unless other laws allow it (e.g. whistleblowing) 

• Talk to people outside the approved list (e.g. friends, extended family, colleagues) 

• Share confidential commercial or financial information that’s unrelated to the crime 

So, the aim is not to scrap NDAs altogether—but to ensure they’re not used to silence victims of crime. 

Agreements signed before 1 October 2025 will still follow the old rules. However, they can never legally stop someone from reporting a crime to the police or making a protected whistleblowing disclosure. 

What Counts as a Crime? 

The new rules apply to anyone who: 

• Has suffered harm as a result of criminal behaviour 

• Or reasonably believes they have been the victim of a crime 

It doesn’t matter whether the crime has been reported or whether there’s been a police investigation or conviction. 

• A freelance runner who signs an NDA after experiencing harassment on set can still talk to the police, a counsellor, or a support charity, even if the NDA says they can’t. 

• A production assistant who leaves their job after inappropriate conduct by a manager can still seek legal advice or speak to their parent or partner about what happened. 

• An actor who settles a dispute about mistreatment can still give evidence to a regulator if the person they’re complaining about is under investigation. 

To get ready for the new law: 

• Review your NDA templates – Remove or reword clauses that might block permitted disclosures. 

• Be clear about what’s still confidential – You can still protect trade secrets and sensitive business info unrelated to the crime. 

• Train your staff and freelancers – Make sure everyone understands what NDAs can and can’t be used for from 1 October 2025. 

• Stay informed – The government may update the list of approved recipients, so keep an eye on any new guidance. 

Section 24 of the Employment Rights Act 2025 (ERA 2025) introduces significant restrictions on employers' ability to enforce non-disclosure agreements (NDAs) and confidentiality clauses that prevent workers from making disclosures relating to harassment and discrimination. 

The provisions, which received Royal Assent on 18 December 2025, means that any contractual provision preventing workers from making allegations or disclosures about relevant harassment or discrimination cannot be enforced (subject to exceptions for "excepted agreements" to be defined at a later date). 

The government intends to bring these provisions into force in 2027, following consultation on the detailed framework. The changes will only apply to agreements entered into after the provisions and supporting regulations come into force.

The new rules mean that any provisions in agreements that prevent workers from making allegations or disclosures relating to two categories of matters will not be enforceable:

• First, it covers relevant harassment or discrimination itself. 
• Second, it encompasses the employer's response to relevant harassment or discrimination, or the employer's response to the making of an allegation or disclosure relating to harassment or discrimination.

This means that NDAs can still be used to protect other legitimate business interests, such as trade secrets and confidential commercial information, even in settlement agreements that also relate to harassment or discrimination claims.