From 1 October 2025, the rules governing Non-Disclosure Agreements (NDAs) in the UK will change significantly.
Confidentiality agreements are a familiar feature of the workplace, used to protect sensitive information and preserve trust. However, from 1 October 2025, the rules governing Non-Disclosure Agreements (NDAs) in the UK will change significantly. The new legislation introduces tighter restrictions on how NDAs can be used, with particular attention to cases involving victims of crime.
For employers, these changes mean re-evaluating current practices and ensuring that confidentiality clauses are compliant. At HRM Derbyshire Peaks, we believe preparation and clarity are essential. In this blog, we explain the NDA changes coming into effect in October, why they matter, and what steps your business should take to stay on the right side of the law.
NDA Changes UK 2025
The new rules reflect growing concern that NDAs have sometimes been misused to silence individuals, particularly in cases of harassment, discrimination, or criminal behaviour. From October, confidentiality agreements that prevent victims of crime from speaking out will no longer be enforceable. This change is designed to ensure that employees who experience serious misconduct are not pressured into silence through legal documents.
For employers, this means that the scope of NDAs is narrower than before. While businesses can still use confidentiality agreements to protect trade secrets, intellectual property, and sensitive commercial information, they cannot use them to prevent disclosures relating to criminal conduct.
Confidentiality Agreements October 2025
It is important to remember that confidentiality agreements remain valuable tools when used appropriately. Protecting business interests is entirely legitimate, and NDAs will continue to play a role in safeguarding data, strategies, and client relationships. The change in law is not about removing NDAs altogether, but about ensuring they are not misapplied in ways that harm individuals or obstruct justice.
Employers must now review the language of their confidentiality agreements and settlement contracts. Any clauses that could be interpreted as restricting disclosures of criminal activity will be unenforceable and may expose businesses to legal and reputational risks. Updating template contracts and ensuring compliance will be vital ahead of the October deadline.
NDAs and Victims of Crime UK
The most significant aspect of the new rules is the protection of victims of crime. If an employee is the victim of harassment, assault, or other criminal behaviour, they must be free to report this to the police or other relevant authorities, regardless of any agreement they have signed.
This places a responsibility on employers not only to adjust their contracts, but also to foster a culture where employees feel safe to raise concerns. Attempting to use NDAs to restrict such disclosures could not only breach the law but also seriously damage trust within the organisation.
Implications for HR and Management
For HR teams and business leaders, the new NDA rules are a call to action. Contract templates must be updated, legal advice sought where necessary, and managers trained to understand the limits of confidentiality agreements. Settlement discussions, in particular, will need careful handling to ensure that employees are fully aware of their rights and that agreements are compliant with the new legislation.
It is also worth considering how these changes align with broader commitments to equality, diversity, and inclusion. Businesses that embrace transparency and fairness will not only meet legal requirements but also strengthen their reputation as responsible employers. Employees are increasingly drawn to organisations that prioritise integrity, and demonstrating compliance with the new NDA rules is part of that commitment.
Preparing for the October Deadline
With the new rules taking effect from 1 October 2025, businesses should act now to review their practices. This includes conducting an audit of all existing NDA templates, reviewing recent settlement agreements, and updating policies to reflect the changes. Clear communication with employees is also vital, ensuring they understand what NDAs cover and what they do not.
We recommend taking a proactive approach. Waiting until after the rules are in place increases the risk of non-compliance and could expose your business to unnecessary legal challenges.
How HRM Derbyshire Peaks Can Support You
At HRM Derbyshire Peaks, we are here to help businesses prepare for the October 2025 NDA changes. We can review your confidentiality agreements, provide updated templates, and train your managers to manage settlement discussions appropriately. Our goal is to give you confidence that your business is compliant, your reputation is protected, and your employees feel safe and supported.If you would like to discuss how these changes may affect your organisation, get in touch with ustoday. Together, we can ensure your policies and practices are ready for the future.