Non-Disclosure Agreements: Ethics And Enforceability

Recent media and parliamentary scrutiny has brought the utility and enforceability of Non-Disclosure Agreements (NDAs) into sharp focus. Recently, a parliamentary inquiry prompted by the Harvey Weinsten scandal and the #MeToo global movement found that UK employers were using NDAs, or confidentiality clauses in settlement agreements, to silence victims of sexual harassment. The report, published by the Parliamentary Women and Equalities Committee's (WEC), criticised businesses, the government and regulators for failing adequately to tackle sexual harassment in the workplace.

The findings are a timely spur to the government, employers and lawyers to make sure that NDAs are used for their proper purpose, namely the protection of private information, and not abused to silence victims and cover up misconduct.

NDAs/Enforceability

NDAs are an important legal tool used by businesses and individuals to prevent the disclosure of private and/or confidential information. They are contractual agreements to share confidential information, and to keep that information confidential for a specified time.

NDAs are of particular importance in the context of employment relationships between high-profile individuals and their staff - such as nannies and personal assistants - who, in the course of their...