NDA legal limits in the UK
NDAs can legitimately protect confidential commercial information, but they are not unlimited. UK law and guidance place important restrictions on attempts to silence lawful disclosures, and the rules have changed in recent years.
Create your NDA free
No account. No subscription. Nothing you type is uploaded to Create My Docs.
Open NDA Builder →Protected whistleblowing cannot be blocked
Section 43J of the Employment Rights Act 1996 invalidates a contractual provision that attempts to prevent a worker from making a protected disclosure. GOV.UK expressly confirms that an NDA cannot validly stop protected whistleblowing.
There are protections for disclosures about criminal conduct
Changes under the Victims and Prisoners Act 2024 took effect on 1 October 2025 in England and Wales. Government guidance explains circumstances in which disclosures by victims of criminal conduct are permitted despite an NDA.
Workplace NDAs should not be used to conceal misconduct
Acas says NDAs should not be used to cover up inappropriate behaviour or misconduct, avoid addressing disputes, mislead someone or where confidentiality is not needed.
Harassment and discrimination rules are developing
The Employment Rights Act 2025 contains a measure concerning workplace agreements that prevent workers speaking about relevant harassment or discrimination. In 2026 the government consulted on the conditions for excepted agreements, so employment-related NDA wording requires particular care.
Higher education has specific restrictions
Since 1 August 2025, registered English higher education providers have been prohibited from entering certain NDAs relating to complaints of sexual misconduct, abuse, bullying or harassment.
Use precise wording
An NDA should identify the legitimate confidential information it protects rather than implying that every disclosure is forbidden. Acas recommends clear wording and considering whether confidentiality is genuinely needed.
Get advice for sensitive cases
Employment settlements, allegations of wrongdoing, criminal conduct, discrimination, harassment and valuable trade secrets can raise issues that a general template cannot resolve. Independent legal advice may be appropriate.
Official guidance: GOV.UK Victims and Prisoners Act NDA guidance GOV.UK whistleblowing guidance Acas NDA guidance. This is general information, not legal advice. NDA wording and enforceability depend on the facts, the relationship and the law that applies.