MoJ publishes guidance on Victims and Prisoners Act 2024 NDA reforms

Article summary

The Ministry of Justice (MoJ) has published guidance on amendments to non-disclosure agreements (NDAs) under the Victims and Prisoners Act 2024, effective from 1 October 2025 in England and Wales. The legislation renders NDAs unenforceable if they restrict victims of crime from making ‘permitted disclosures,’ such as reporting offences, seeking legal advice, accessing regulated professional support or victim services, cooperating with regulators, obtaining authorised representation, or receiving assistance from close family members, provided these disclosures pertain solely to the relevant criminal conduct and are not intended for public dissemination. Existing protections under common law, the Official Secrets Act 1989, and whistleblowing provisions remain applicable to NDAs signed before 1 October 2025. Businesses are advised to update policies and NDA templates to align with the new requirements. Additionally, from 1 August 2025, higher education institutions are prohibited from using NDAs in cases involving harassment, abuse, or misconduct complaints by students, staff, members, or visiting speakers.