The Ministry of Justice (MoJ) have published guidance on what you need to know to prepare for changes that will be happening to the law governing non-disclosure agreements.
New legislation will come into effect on 1 October 2025 which affects confidentiality clauses, also known as non-disclosure agreements. The guidance explains the changes and what they will mean for businesses and individuals who use non-disclosure agreements. These changes were made through the Victims and Prisoners Act 2024 (section 17), and they extend and apply to Wales and England only.
This guidance is for you if:
- You are a business in Wales or England
- You are a business that uses non-disclosure agreements governed by the law of Wales or England
- You are an individual that uses non-disclosure agreements
To prepare for the change in law from 1 October 2025, businesses should:
- Familiarise themselves with the change in the law and this guidance and ensure that they understand what the implications are for their business
- Update relevant internal guidance on the use of non-disclosure agreements to ensure it reflects the new law
- Ensure that any non-disclosure agreement and general contract templates comply with the new law. Best practice will be to make clear on the face of the non-disclosure agreement what parties are able to disclose in particular circumstances and make clear what those circumstances are (specifically those mentioned in this guidance)
For further information please select the following link: Victims and Prisoners Act 2024: changes to non-disclosure agreements - GOV.UK