Non-disclosure Agreements 2024-02-20
2024-02-20
TAGS
Response quality
Questions & Answers
Q1
Direct Answer
▸
Context
The question arises from concerns over the legal implications and enforceability of NDAs in judicial contexts.
What discussions he has had with Cabinet colleagues on the use of non-disclosure agreements in judicial processes. The courts and judiciary apply the law in relation to NDAs as appropriate in individual cases and, where necessary, determine whether or not they should be enforceable.
Non-disclosure agreements cannot prevent any disclosure that is required or protected by law; nor can they preclude an individual from asserting statutory rights. The courts and judiciary apply the law in relation to NDAs as appropriate in individual cases and, where necessary, determine whether or not they should be enforceable.
▸
Assessment & feedback
Response accuracy
Q2
Partial Answer
▸
Context
A statement by the Legal Services Board highlighted concerns over lawyer misconduct involving NDAs, suggesting a need for enhanced regulatory measures. A Bill has been proposed to address misuse of NDAs.
Last year, the Legal Services Board stated that incidents of misconduct by lawyers dealing with non-disclosure agreements were a “cause for concern”, and that there was a strong case for a strengthened and harmonised regulatory approach. Does the Minister agree that there is a need for stronger regulation in this area, and will he support the Bill tabled by my hon. Friend the Member for Oxford West and Abingdon (Layla Moran), which would end the misuse of non-disclosure agreements in the workplace?
I am more than happy to have a discussion with the hon. Lady, but my understanding is that the Solicitors Regulation Authority has already published a warning notice reminding solicitors and law firms that potential professional misconduct by a person or a firm should be reported to the regulator. If she believes that there are still gaps in that warning notice, or that more needs to be done, I am more than happy to have a meeting.
▸
Assessment & feedback
Support for Layla Moran's Bill and concrete backing of stronger regulation were not explicitly stated
I Am More Than Happy To Have A Discussion With The Hon. Lady
Response accuracy