The use of confidentiality agreements in discrimination cases

This guidance gives a clear explanation of the law in relation to confidentiality agreements.

It describes good practice when using confidentiality agreements, as well as explaining when they would be unlawful.

This guidance will help employers to understand how and when they can use confidentiality agreements legitimately, and when these agreements will not be enforceable. 

Confidentiality agreements are sometimes referred to as confidentiality clauses, non-disclosure agreements (NDAs) or gagging clauses. This guidance refers to any form of agreement or contract where it is agreed that certain types of information will not be discussed or passed on.