There is an exception to the ban on NDAs in the form of “excepted agreements”. Section 202A allows the Secretary of State to define “excepted agreements” via regulations, but no definition has been provided yet. The government’s statement clarifies that confidentiality in settlement agreements will be void unless they meet specific regulatory exceptions.

Ministers have drawn attention to Ireland’s model where an NDA requested by an employee and issued with independent legal advice funded by the employer remains valid. Comparable measures may be adopted in UK regulations.