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8 November 2024
Disputes Quick Read – 9 of 105 Insights
Non-Disclosure Agreements - updated guidance from the SRA
- Quick read
What is new?
The Solicitors Regulation Authority (SRA) has updated its guidance on the use of Non-Disclosure Agreements (NDAs) – importantly it has made it clear that this is relevant to all NDAs regardless of the context in which the NDA arises. The guidance also makes clear that what is meant by "NDA" is any form of agreement or contract, or a clause within a wider agreement or contract, under which it is agreed that certain information will be kept confidential. This includes agreements with individuals and other commercial parties.
What is the background?
The SRA initially issued a warning notice about the use of NDAs in March 2018. This was in the context of the #MeToo movement and specifically the improper use of NDAs in relation to sexual misconduct which prevented people who had experienced sexual harassment from reporting it to the relevant authorities. It has been updated since then.
What does this mean?
The updated guidance provides a reminder of some of the key issues and risks that those dealing with NDAs need to be aware of and the obligations regulated persons have under the general SRA's Code of Conduct. It says it is particularly concerned to ensure that NDAs are not used to prevent reporting to it or to other regulators and enforcement agencies or to prevent disclosures which are protected by law. The guidance states that clauses used must not prevent any such disclosure or give the person expected to agree the NDA the impression that this kind of disclosure is prohibited. This includes other terms in the agreement which might serve to inhibit permitted reporting by way of their operation.
How does this affect me?
The guidance now has a much broader application and must be considered by anyone regulated by the SRA in whatever situation an NDA (including confidentiality clauses within the context of any wider agreement) is being considered. It will be applicable to in-house lawyers and regulated individuals who manage human resources and complaints in law firms as well as relevant individuals in law firms. It also serves as a reminder to review and update precedents which seek to impose confidentiality obligations on a signatory to ensure they are current and fit for purpose.
The latest guidance is available here.
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30 January 2025
What are the litigation trends in 2025?
22 January 2025
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Victory for energy companies/defeat for the environment?
14 November 2024
Failure to prevent fraud offence to come into force in September 2025
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Essex Cricket Club charged by Cricket Regulator
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New SFO Director announces bold plans to tackle fraud
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12 September 2023
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Failure to prevent fraud – a new offence?
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2 March 2023
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14 February 2023
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22 September 2022
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Disputes Quick Read: Disclosure - What information can be redacted?
25 July 2022
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6 July 2022
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Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
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Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
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Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
17 June 2022
Disputes Quick Read: an important reminder of the duty to disclose electronic documents in native format
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Disputes Quick Read: ENRC prevails in claim against former solicitor
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4 April 2022
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Disputes Quick Read: The new witness statement preparation rules – a year on
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Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
31 March 2022
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Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
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Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
13 September 2021
Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
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Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
2 August 2021
Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
21 July 2021
Disputes Quick Read: The online future of civil justice – the end of the legal profession or the end of legal drudgery?
15 July 2021
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Disputes Quick Read: Will the courts change forever post-COVID?
26 May 2021
Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
5 May 2021
Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
21 April 2021
Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
31 March 2021
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
26 February 2021
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Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
24 February 2021
Disputes Quick Read: What lawyers need to know about new witness statement preparation rules
20 January 2021
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
12 January 2021
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Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
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Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
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Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
27 April 2020
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2 June 2020
Disputes Quick Read: Will the civil justice system change forever post COVID-19?
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Disputes Quick Read: Retailers reign supreme in Visa and Mastercard proceedings
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21 July 2020
Disputes Quick Read: Scope of duty and the SAAMCo counterfactual following Manchester Building Society
3 December 2021
Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
24 November 2021
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Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
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Disputes Quick Read: Climate change litigation – what's the latest?
10 January 2022
Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
20 January 2022
Disputes Quick Read: Assumption of responsibility - tax schemes and investors
22 March 2022
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Disputes Quick Read: Dealing in crypto? Be careful what you call it
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