The spotlight on NDAs intensifies as Government publishes proposals for reform

The spotlight on non-disclosure agreements – or confidentiality clauses, as they are commonly referred to – is showing no sign of diminishing. The Government published a consultation paper yesterday, taking forward its agreement in December 2018 to implement one of the recommendations made by the Women and Equalities Committee to better regulate the use of non-disclosure agreements. With a proposal that non-compliance with the reforms will make future confidentiality clauses in settlement agreements void, this development potentially raises the stakes for employers who routinely include confidentiality provisions in settlement agreements entered into on the termination of an employee’s employment.  The …

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