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The Law Society Releases Guidance on Non-Disclosure Agreements

Non-disclosure agreements (NDAs) have been a hot topic of discussion, with there being little literature available in regards to the same.

In light of this, the Law Society of England and Wales has launched a new public legal education initiative to help the public understand their rights when faced with NDAs, with a new set of guidance made available directly to the public.

The Law Society cited the concerns of the House of Commons’ Women and Equalities Committee that “victims of potentially unlawful discrimination and harassment may be reluctant to report their experiences” as one of the reasons it has published the new guidance.

The Law Society have stressed that employees asked to sign a confidentiality agreement should get a solicitor to help them understand precisely what they are agreeing to and what their rights are.

The leaflet highlights the reasons why employees might be asked to sign a confidentiality agreement or why confidentiality clauses appear in settlement agreements.

Further, the leaflet makes clear that a confidentiality agreement cannot lawfully restrict an employee from talking to the police or a regulator.

NDAs have become extremely prevalent and as the spotlight continues to shine on their use, employers and employees are well advised to seek guidance before entering into them.

This bulletin is for general guidance only and should not be used for any other purpose. It does not constitute, and should not be relied upon as legal advice.

JMW Solicitors is a Limited Liability Partnership.