To address misuse of confidentiality clauses, which may be referred to as non disclosure agreements or NDAs, the Act provides clarity that NDAs cannot be legally enforced to the extent that they prevent a victim, or someone who reasonably believes they are a victim, from reporting a crime to the police or any other body that investigates or prosecutes crime, nor from cooperating with regulatory bodies. This clarifies the position that exists in common law.
	To ensure victims can obtain the support they need, the measures in the Act mean NDAs are void to the extent they seek to prevent victims, or those who reasonably believe they are victims, from making disclosures about criminal conduct in order to obtain support from a regulated lawyer, from support services, such as counsellors, advocacy services, or medical professionals, or from their child, parent, or partner. This ensures that victims can make these vital disclosures without fear of legal recourse.
	To protect wider confidentiality, the Act makes clear that these provisions would not void a confidentiality clause if disclosures were made to those groups for the primary purpose of releasing information into the public domain. For example, a confidentiality clause would not be void if a victim used a lawyer or support service to act as their ‘spokesperson’ to make the information public, rather than for the purpose of seeking support.
	The Act provides that the Secretary of State may amend the list of permitted persons and purposes by regulations so that this list can be appropriately reviewed and kept up to date in the future.
	The Act also provides that the Secretary of State may, by regulations, extend the provisions to cover specific obligations or liabilities in non-disclosure agreements so that they cannot be legally enforced in relation to the permitted disclosures. This ensures that this provision can keep pace with any obligations or liabilities that businesses may include in non-disclosure agreements with victims in order to circumvent this measure.
Policy background Confidentiality clauses and non-disclosure agreements