At the moment, 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 will change. 

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. 

The government has also announced plans to ban the misuse of NDAs in workplace harassment and discrimination cases, adding wording to the draft Employment Rights Bill. This Bill, if passed in its current form, would go beyond the Victims and Prisoners Act by: 

• Making it illegal to use NDAs to silence victims of workplace harassment, including sexual harassment and discrimination. 

• Ensuring witnesses can also speak up without fear of legal action. 

• Voiding any NDA clauses that try to stop someone from talking about what happened to them. 

This reflects a broader shift in how NDAs are used in UK workplaces. While the Victims and Prisoners Act focuses on criminal conduct, the Employment Rights Bill is designed to stop NDAs being used to cover up wider patterns of abuse, bullying, and misconduct, even when they aren’t criminal offences. 

The screen sector has seen growing concern around this issue in recent years, and businesses are encouraged to stay ahead of the curve by reviewing their confidentiality practices now.