Confidentiality clauses, also known as non-disclosure agreements or NDAs, are provisions which seek to prohibit the disclosure of information. They serve a useful and legitimate purpose in the employment context, as part of both employment contracts and settlement agreements. However, a number of cases have come to light where employers have used confidentiality clauses to prevent victims of workplace harassment or discrimination from speaking out.
The purpose of this consultation is:
- to better understand how confidentiality clauses and the legal framework around them work in practice
- to assess what changes are required to ensure individuals are appropriately protected from their misuse