The Ministry of Justice has published updated guidance on new rules which came into effect on 1 October 2025 about the effect of certain non-disclosure agreements (NDAs).

We have previously commented upon these changes – found in section 17 of the Victim and Prisoners Act 2024 – here. They provide that individuals who have signed an NDA on or after 1 October 2025 and are victims of crime – or reasonably believe themselves to be so – will be allowed to make so-called “permitted disclosures” even if the NDA seeks to prevent them from doing so. As the guidance puts it, this means that individuals subject to an NDA can nonetheless “disclose information to certain individuals for certain purposes related to relevant conduct” (i.e. the criminal conduct that makes the person a victim of crime). This includes making disclosures to, for example, the police, regulators, qualified lawyers for seeking legal advice about the relevant conduct, and victim support services.

Earlier this year, guidance was published for businesses to help them understand the new rules, which we commented upon here. The guidance has since been updated to include practical advice on what businesses can do to ensure that they comply with the new rules, including, for example, updating relevant internal guidance on the use of NDAs and ensuring that any NDAs and general contract templates comply with the new law. In particular, it advices that any NDA should make clear on the face of the agreement what parties are able to disclose in particular circumstances and what those circumstances are.

The guidance for businesses has also been accompanied by separate guidance for individuals who are victims of crime, setting out in clear terms the effects of the change in the law, together with sections explaining who they can talk to, what about, and for what purpose, as well as a number of helpful frequently asked questions.

To read the guidance in full, click here.